Md. Safdar Ala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31585 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- PAKARIBARAW District- Nawada ====================================================== Md. Safdar Ala, S/o Afjal Imam, Resident of Thana Road Pakribarawan, P.S. Pakribarawan, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kiran Sinha, Advocate.

For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pakribarawan P.S. Case No. 41 of 2018 registered under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that due to land dispute petitioner along with Md. Sayad Ala and Md. Afjal Imam along with some unknown reached at the door of the informant, Amna Khatoon, and started to abuse. In the meantime, Md. Sayad Ala with bad intention caught hold the hand of her younger daughter, Roji Praveen, and laid down on the ground and pressed her neck. When she made protest then Md. Afjal Imam laid down her on

Patna High Court Cr.Misc. No.31585 of 2018(3) dt.18-06-2018 2/3 the ground and started to press her neck. In the meantime, when Md. Jiaul Mallik, husband of the informant, rushed to save them then Md. Safdar Ala caused injury at his leg through iron rod and also threw her younger daughter on the ground and other persons also caused injury through lathi and rod. At that time, Md. Md. Safdar Alam returned to his house and started open firing.

Learned counsel for the petitioner submits that scuffle took place due to land dispute, in which, petitioner's side also sustained injury, regarding which, Pakribarawan P.S. Case No. 42 of 2018 is also instituted on 25.02.2018 on the basis of written report of co-accused, Md. Sayad Alam against husband of informant of the present case and others. Moreover, the injuries, as found on the person of informant, her husband and her daughter, are simple in nature. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist

Patna High Court Cr.Misc. No.31585 of 2018(3) dt.18-06-2018 3/3 Class, Nawada, in connection with Pakribarawan P.S. Case No. 41 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T