Md Javed @ Khurshid Alam @ Khurshid Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43227 of 2024 Arising Out of PS. Case No.-854 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Md Javed @ Khurshid Alam @ Khurshid Anwar S/O- HASAN IMAM R/O TARI MOHALLA, P.S.- ARA TOWN, P.O.- ARA, DIST.- BHOJPUR-802301 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adil Abbas For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 379, 448, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that on 13.10.2023 his brother Sahid Ali, who lives in the house of his in-laws, arrived with other named accused persons (his brother-in-law) and abused the mother of the informant and took the keys of almirah and took out jewellery and cash as detailed in the FIR, it is next alleged that when informant came to know about the occurrence, he asked Sahid to return the articles on which he asked the informant to come to his brother-in-law's

Patna High Court CR. MISC. No.43227 of 2024(2) dt.29-07-2024 2/3 house, on which the informant reached the place of occurrence when it is alleged that the accused persons assaulted him by sword and rod and ousted him from the house, further Sikandar, Prince, Mehar and Sahid assaulted him by sword causing injury on head while other accused assaulted him all over his body by rod and danda.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being father-in-law of Sahid Ali who is own brother of the informant. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of assaulting the informant on head is against Sikandar, Prince, Mehar and Sahid and as far as the present petitioner is concerned, the allegation against him is general and omnibus in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.43227 of 2024(2) dt.29-07-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ara Town P.S. Case No. 854 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the present anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T