← Library
Patna High CourtCR. MISC./60540/2022allowed

Md. Momtaz Alam @ Md. Mumtaz Alam v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60540 of 2022 Arising Out of PS. Case No.-187 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== MD. MOMTAZ ALAM @ MD. MUMTAZ ALAM S/o Abdul Kaium @ Abdul Kaiyum R/V- Parsa, Ward no. -10, P.S.- Rajnagar, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 143, 341, 323, 324, 307, 447, 380, 504 and 506 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, petitioner along with other co-accused persons assaulted the injured person and looted jewellery and cash of Rs.25,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is son of the informant's first wife. He submits that there is admitted land dispute between the parties. He further submits that the injuries found

Patna High Court CR. MISC. No.60540 of 2022(2) dt.23-02-2023 2/2 upon the victim is simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact the injury found upon the victim is simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Rajnagar P.S. Case No.187/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T