Nazre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46451 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== Nazre Alam Son of Moti Alam Khan Resident of Village - Bariyapur, P.s.- Majorganj, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-06-2022 Heard Mr. Radha Mohan Singh learned counsel for the petitioner as well as Mr. Uday Chand Prasad, learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Majorganj P.S.Case No.178 of 2020 registered for the offences punishable under sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

As per the prosecution case, it is alleged that there is specific allegation against the petitioner that he assaulted one Pramod Das cousin of the informant by means of iron rod due to which he sustained injury over his head, which was grievous in nature.

It is submitted on behalf of the learned counsel for the petitioner that prima facie from the FIR, it appears that this

Patna High Court CR. MISC. No.46451 of 2021(2) dt.14-06-2022 2/3 petitioner has assaulted one Pramod Das, by means of iron rod but there is no allegation of repeated blow, moreover, injury report does not corroborate the prosecution case in as much as one fracture and two other injuries have been found on the person. It is also submitted that there is land dispute between the parties and delay of four days in lodging of the FIR, apart from that petitioner having clean antecedent.

On the other hand, learned counsel for the State opposes the bail application of the petitioner and submits that there is specific allegation of assault against the petitioner. Considering the submission made on behalf of the parties and taking into account, the nature of allegation which is specifically against the petitioner that he assaulted the injured Pramod Das, over his head by means of iron rod due to which he sustained fracture and other two injuries over his head. This Court is not persuaded to enlarge the petitioner on anticipatory bail. Accordingly, the anticipatory bail application of the petitioner stands rejected.

However, it is made clear that if the petitioner surrenders before the court below within six weeks from today and makes prayer for regular bail, the learned court below shall consider the regular bail of the petitioner without being

Patna High Court CR. MISC. No.46451 of 2021(2) dt.14-06-2022 3/3 prejudice to the present order.

(Harish Kumar, J.) N.K/- U T