Rahat Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37606 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== RAHAT ALAM Son of Late Shafique Alam Resident of Village - and P.O.- Jalki, P.S.- Azamnagar, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashid Izhar, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons named in the FIR alongwith others arrived at main gate of Mazar and tried to break the lock and on objection made by the informant, the accused persons including the petitioner assaulted the informant and one Gulam Mustafa, as a result of which they sustained injuries.

Patna High Court CR. MISC. No.37606 of 2021(2) dt.25-05-2022 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the order of the Sessions Court, it appears that the nature of injury sustained by the victim is simple in nature. Hence, no offence under Section 307 of I.P.C. is attracted in this case. There is no repetition of blow made against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. case No.208/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T