Amjad @ Md. Shamim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30200 of 2024 Arising Out of PS. Case No.-178 Year-2022 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

Amjad @ Md. Shamim Alam Son Of Basir Nat Resident Of Kachalu Tola, P.O. - Bishanpur, Police Station - Bahadurganj, District - Kishanganj 2.

Md. Aslam Son Of Md. Khalid @ Khalid Resident Of Village - Mahadevdighi, Ward No. 09, P.O. - Bishanpur, Police Station - Bahadurganj, District - Kishanganj ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Pravesh Nath Tiwari, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Bahadurganj P.S. Case No. 178 of 2022 dated 12.06.2022 instituted for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 354, 379, 504, 506 of the Indian Penal Code.

3. The allegation against the petitioners and other accused persons are that they, for taking revenge from the informant with regard to previous dispute, assaulted him by knife, sword, iron rod and lathi. It is alleged that petitioner no. 2 assaulted the informant in his stomach by means of knife.

Patna High Court CR. MISC. No.30200 of 2024(2) dt.21-05-2024 2/3 Petitioner no. 1 assaulted the brother-in-law of the informant on his head by lathi.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners submits that the informant and the petitioners are neighbours and the dispute arose upon throwing garbage by co-accused Saif Ali on the land of his maternal father-in-law and due to land dispute, the present F.I.R has been lodged. It is further submitted that there is case and counter case lodged by the mother of the co-accused, namely, Saif Ali. Learned counsel for the petitioners submits that the specific allegation is against Saif Ali. Allegation leveled against the petitioners is general and omnibus in nature. Learned counsel for the petitioners submits that co-accused Saif Ali upon whom there is allegation of assaulting on the head of Tabrez Alam, has been granted regular bail vide order dated 30.06.2022 passed by learned Chief Judicial Magistrate, Kishanganj. Lastly, it has been submitted that petitioners have one criminal case against them.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.30200 of 2024(2) dt.21-05-2024 3/3 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bahadurganj P.S. Case No. 178 of 2022, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T