Imteyaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52251 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Imteyaj Alam S/o Sheikh Ekram @ Md. Ekram R/o vill - Kursivarba @ Kursi Barwa, P.S. - Sikta, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Preeti Kumari, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sikta P.S. Case No. 49 of 2024 dated 13.04.2024 registered for the offences punishable u/s 341, 323, 324, 326, 307, 504 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant being security guard at the Primary Health Centre, Sikta has alleged that one Aurengzeb Alam had come for treatment and after the treatment Dr. Brajkishore Prasad started preparing injury report. In the meantime, the petitioner and the co-accused persons came and started pressuring Dr. Brajkishore Prasad to make false
Patna High Court CR. MISC. No.52251 of 2024(3) dt.26-09-2024 2/3 injury report and they started abusing and making scrimmage. When the informant intervened, the petitioner and the coaccused persons slammed the informant on the ground. Thereafter, the co-accused persons Shamim Alam and Vodhair Alamm caught hold of his hands and the petitioner, Imteyaj Alam with an intention to kill inflicted knife blow on the head and back of the informant causing injuries.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. Learned counsel has submitted that the informant sustained injuries is simple in nature. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has further submitted that there is specific allegation of inflicting knife blow is against the petitioner, Imteyaj Alam. It is further submitted that as per the injury report, the informant sustained four injuries out of which the injury no. 2 is puncture wound on
Patna High Court CR. MISC. No.52251 of 2024(3) dt.26-09-2024 3/3 lower left back side of rib cage with 1/2" circular mark and fresh blood gushing through it, which is stated to be grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Sikta P.S. Case No. 49 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T