Ifthakhar Alam @ Nurul Haque @ Ifkar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27997 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- THAWE District- Gopalganj ====================================================== Ifthakhar Alam @ Nurul Haque @ Ifkar Alam Son of Mustaque Alam @ Juman Miyan Resident of village - Kabilaspur, Police Station - Thawe, Distgopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Tooba Hera, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Thawe P.S. Case No. 10 of 2025 registered for the offences under Sections 329(3), 126(2), 115(2), 118(1), 109, 351 and 3(5) of the B.N.S.
3. As per prosecution case, petitioner and other coaccused persons, who were variously armed, assaulted the informant with knife and rod. The assailants were aggrieved by the fact that the informant was not making compromise in Thawe P.S. Case No. 169 of 2021. The assailants threw the body of the informant in the wheat field taking him to be dead.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been
Patna High Court CR. MISC. No.27997 of 2025(2) dt.07-05-2025 2/3 falsely implicated in this case. The only allegation against the petitioner is that he gave knife blow to the informant but the injury report of the informant shows swelling over left hand with forearm, pain and tenderness of body and lacerated wound over left side of face. The injuries were found to be simple in nature and caused by hard and blunt substance. Injury report falsifies the allegation that the petitioner gave knife blow to the informant and other persons also assaulted him with knife and rod. There are no corresponding injury. There is no sharp cut injury over the body of the informant. Petitioner is in custody since 28.01.2025 and charge-sheet has been submitted. Petitioner is having antecedent of one case.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injury attributed to the petitioner and also considering the period of custody of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.27997 of 2025(2) dt.07-05-2025 3/3 Magistrate, Gopalganj/concerned court in connection with Thawe P.S. Case No. 10 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T