Md. Arman @ Lakhan @ Arman Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57050 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== MD. ARMAN @ LAKHAN @ ARMAN ALAM Son of Md. jahir Alam @ Jahir Faruki Resident of Village - Nikalu Bigha (Idgah Mohalla), Ward No.23, P.s.- Dehri (Nagar), Distt.- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 15.02.2021 at 11:54 am, the informant's son got a call and the caller asked him to come near Maijee's hut and when the informant's son reached the place of occurrence, it is alleged that petitioner and two named and 10 unknown accused started assaulting with stick, lathi and rod, it is further alleged that Md. Saufi and Md. Raja caught the victim and the petitioner
Patna High Court CR. MISC. No.57050 of 2021(2) dt.05-07-2022 2/3 assaulted him with a knife causing injury and thereafter the victim was taken to the hospital.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and from bare perusal of the allegation as alleged in the F.I.R. it would manifest that a number of accused persons assaulted the son of the informant and thereafter it is alleged that petitioner stabbed him but the learned counsel for the petitioner draws the attention of the Court to Annexure-2 to the anticipatory bail application to show that the alleged stabbed injury is on the hand of the informant and the injury is simple in nature, it is thus submitted that it absolutely does not stand to reason that if a number of accused would have assaulted the victim then definitely injuries would have been found on the body of the victim but only one simple injury of stab was found and that too on his hand. Learned counsel next submits that petitioner is a young boy and his entire future would be jeopardised in the event if he is sent to jail.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.57050 of 2021(2) dt.05-07-2022 3/3 event of his arrest or surrender before the learned 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) each 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 Dehri (Nagar) P.S. Case No. 126 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T