Haseen Alam @ Md. Hasin Alam @ Haasen Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54564 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- DUMARIYA District- Gaya ====================================================== HASEEN ALAM @ MD. HASIN ALAM @ HAASEN ALAM S/O KADIR ALAM @ QUASIM ALAM RESIDENT OF VILLAGE- MANJHAULI, P.SDUMARIA, DISTRICT- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murad Ashraf For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Dumaria Police Station Case No. 04 of 2024, dated 21.01.2024, disclosing offences under Sections 341/323/353/379/504/34 of the Indian Penal Code and Section 33(b)/41 of the Indian Forest Act, 1927.
3. As per the First Information Report lodged by the Deputy Forest Officer on 21.01.2024, while the informant was returning, along with seized tractor, bearing BR-02-GB0502, having gravel (murram), the petitioner, along with 15 to 20 unknown persons, forcibly stopped the tractor and took away with them.
Patna High Court CR. MISC. No.54564 of 2024(2) dt.31-08-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village rivalry. The petitioner is Headmaster of the Urdu Primiary School, Salaiya, and has no concern with the said occurrence. He further submits that on the date of occurrence i.e. 21.01.2024, the petitioner was present in the school as would be evident from Annexure-P/2, which is a copy of attendance sheet. The petitioner is not having any criminal antecedent.
5. Be that as it may, taking into consideration the submissions made on behalf of the parties and the fact that the petitioner is Headmaster of the Urdu Primary School, Salaiya, having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on 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 Sub Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Dumaria
Patna High Court CR. MISC. No.54564 of 2024(2) dt.31-08-2024 3/3 Police Station Case No. 04 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T