Alamgir @ Md. Alamgir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26797 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Alamgir @ Md. Alamgir, S/o Late Latifur Rahman,

2. Rahid Alam, S/o Late Latifur Rahman,

3. Afsana Begum, W/o Alamgir,

4. Ishrat Begum @ Ishrat Parbin, W/o Rahid Alam, All R/o Vill.- Natwapara, P.S.- Bahadurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate. For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bahadurganj P.S. Case No. 19 of 2018 instituted for the offence under Sections 341, 323, 324, 325, 307, 379 and 34 of the Indian Penal Code. As per written report, petitioner Nos. 3 and 4 are alleged to have assaulted Md. Sadir Alam, brother of the informant on his right leg and head respectively with iron rod and Dab. The further allegation is that all the accused persons assaulted Md. Sadir. The injury report of Md. Sadir has been enclosed as Annexure-2 from which it appears that Doctor has found three injuries out of which Injury Nos. 1 and 2 are lacerated wound on the right side of parietal region measuring 2" x 1⁄2" x 1⁄2" which were simple in nature. The injury No. 3 was clotted blood on the left ear. There is no

Patna High Court Cr.Misc. No.26797 of 2018 (3) dt.19-06-2018 2/2 allegation against petitioner Nos. 3 and 4 of assaulting Md. Sadir on ear. There is general and omnibus allegation against petitioner Nos. 1 and 2.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bahadurganj P.S. Case No. 19 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T