Kamar Ali @ Md. Kamar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8702 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Kamar Ali @ Md. Kamar Alam (Male aged about 35 years) Son of Late Md. Khalil Resident of Village - Tarwara, Basantpur Road, P.S.- G.B. Nagar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Adv.

For the State :

Mr. Aslam Ansari, APP For the Informant :

Mr. Rajat Kumar Tiwary, Adv.

Ms. Deepika Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2022 Heard Mr. Ranjan Kumar Dubey, learned Advocate for the petitioner and Mr. Rajat Kumar Tiwary for the informant. The State is represented by Mr. Aslam Ansari for the State. The petitioner seeks bail in anticipation of his arrest in connection with G.B. Nagar P.S. Case No. 184 of 2020 dated 22.07.2020 instituted for the offences under Sections 341, 323, 307, 504, 506, 379 of the Indian Penal Code.

Though the petitioner is alleged to have given repeated knife blows to the informant but, the informant appears to have received solitary simple injury. There is a six days delay in lodging the F.I.R. and there is a counter version of the occurrence as well. It has been urged on behalf of the petitioner that because of old dispute, baseless allegation has been leveled against the

Patna High Court CR. MISC. No.8702 of 2021(3) dt.08-03-2022 2/2 petitioner.

The learned counsel for the informant however opposes the grant of anticipatory bail on the ground that there is an allegation of giving repeated knife blows and the injuries, even though are simple, but those are on the vital portion of the body of the informant/victim.

Be that as it may, considering the aforenoted grounds mainly the delay in lodging the F.I.R. and the informant having received one simple injury as also the petitioner having no criminal antecedent, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 184 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) rishi/- U T