Neembar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30175 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- KODHOBARI District- Kishanganj ====================================================== 1.
Neembar Alam S/o Late Maiyub Alam R/o Gurumara, P.S.- Kodhobari, Dist.- Kishanganj 2.
Sahid Alam S/o Safatu R/o Gurumara, P.S.- Kodhobari, Dist.- Kishanganj 3.
Shabnam Khatoon @ Shabnam Praween W/o Shahid Alam R/o Gurumara, P.S.- Kodhobari, Dist.- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar For the Opposite Party/s :
Mr. Rajendra Singh Shastri ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners have preferred this application for grant of anticipatory bail in connection with Kodhobari P.S. Case No. 04 of 2024, dated 05.02.2024, for the offences punishable under Sections 341, 323, 324, 325, 379, 307, 504, 34 of the Indian Penal Code.
3. As per prosecution case, the petitioners and other co-accused persons are alleged to have abused and assaulted the informant's husband with lathi and knife due to which blood started oozing from his nose and he fell unconscious. When the
Patna High Court CR. MISC. No.30175 of 2024(2) dt.20-05-2024 2/3 informant's wife came to rescue, all the accused persons started assaulting the informant's wife. They also snatched silver chain from the neck of the informant.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is a land dispute between both the parties. There is land dispute between both the parties. There is general and omnibus allegation against the petitioners. There is a delay of 7 days in lodging the F.I.R. and there is no plausible explanation for the same. As per impugned order, fracture seen in squamous part of left temporal bone of the victim Sajim and the nature of injury is grievous in nature caused by hard and blunt substance. The petitioners had no intention to cause death of the informant.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of their arrest /surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/-
Patna High Court CR. MISC. No.30175 of 2024(2) dt.20-05-2024 3/3 (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Kishanganj in connection with Kodhobari P.S. Case No. 04 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T