Afroz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41340 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== AFROZ ALAM Son of Ajajuddin Resident of Village - Nawtan Khurd, P.S.- Uchakagaon, District - Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This application, for grant of anticipatory bail, arises out of Uchakagaon P.S. Case No. 22 of 2019, disclosing offences under Sections 147, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

Prosecution case is that petitoners and others came variously armed and assaulted the informant and others and specific allegation against this petitioner that he assaulted the son of informant by rod causing injury to him and there are also allegation against other accused persons is of assault to the wife of informant and others.

Submission of learned counsel for the petitioner is that there is case and counter case between the parties in the background of land dispute and the injuries have been sustained by both the sides. It has further been submitted that though

Patna High Court CR. MISC. No.41340 of 2019(2) dt.04-07-2019 2/2 learned Sessions Judge opined that there is free fight between the parties but in spite of that he has not granted anticipatory bail to the petitioner.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IX, Gopalganj in connection with Uchakagaon P.S. Case No. 22 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T