Md. Kalam @ Abul Kalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39966 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Md. Kalam @ Abul Kalam S/O Md. Mobin @ Hafiz Mohin R/O VillageJalwara, P.S. Keoti, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shahbaj Alam, Adv.
For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Learned counsel for the petitioner prays for and is allowed to make necessary correction in Para 3 of the present anticipatory bail application in course of the day.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner apprehends his arrest in connection with Keoti P.S. Case No. 02 of 2024 registered for the offences punishable under Sections 323, 324, 307, 341, 354, 379, 504, 506 & 34 of the Indian Penal Code.
4. The prosecution case, in short, is that the coaccused persons including the petitioner have assaulted the Informant by means of farsa and iron rod, due to which she sustained grievous injury on her body.
Patna High Court CR. MISC. No.39966 of 2024(2) dt.25-06-2024 2/3
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village politics. There is a case and counter case which has been lodged by the co-accused Sayeeda Khatoon bearing Keoti P.S. Case No. 08 of 2024. The date of occurrence is 22.12.2023 but, the present case has been instituted on 04.01.2024 i.e. after delay of 12 days without being being any plausible explanation for the same. There is also an admitted land dispute between the parties. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present application.
6. Learned counsel for the petitioner further submits that the co-accused Md. Shahabuddin has been granted regular bail by this Court vide order dated 09.04.2024 passed in Cr. Misc. No. 24164 of 2024.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
8. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned
Patna High Court CR. MISC. No.39966 of 2024(2) dt.25-06-2024 3/3 Court below within a period of six 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 the learned court below where the case is pending/successor court in connection with Keoti P.S. Case No. 02 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Rudra Prakash Mishra, J) rishi/- U T