Md. Abdul Alim @ Alim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58920 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- KADWA District- Katihar ====================================================== 1.
MD. ABDUL ALIM @ ALIM S/o Md. Mustakim @ Patanu R/o villageRaniganj, P.S.- Kadwa, District- Katihar 2.
Jalal Talif @ Abu Talib @ Jalal Talilf S/o Md. Mustakim @ Patanu R/o village- Raniganj, P.S.- Kadwa, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Informant : Mr. Indrajeet Kumar, Adv. For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-09-2019 Heard both sides.
Petitioners apprehend their arrest in Kadwa P.S. Case No.131 of 2019 registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.
The informant named altogether five persons including the petitioner and alleged that firstly Abu Talib (petitioner no.2) assaulted him with fists and slaps and Anil Mandal snatched Rs.30,000/- from the pocket of the informant. The informant further alleged that after some days the petitioners came and assaulted the informant. Petitioner no.2 is alleged to have assaulted Md. Shah Alam (brother-in-law of the informant) with iron rod.
Patna High Court CR. MISC. No.58920 of 2019(2) dt.24-09-2019 2/3 Learned counsel for the petitioners submits that on account of driving of vehicle, some altercation took place between two sides. The informant did not get any injury. Md. Shah Alam (brother-in-law of the informant) got one incised wound on the left lower cheek but the injury opined to be simple in nature. No other injury was found on the person of Md. Shah Alam (brother-in-law of the informant) although the informant alleged that all accused persons assaulted him and his brotherin-law. Learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioner but could not be able to show the injuries on the persons of the informant and his brother-in-law.
Having considered the facts that although the petitioners and others are alleged to have assaulted the informant and his brother-in-law but the injuries found on the injured were found to be simple in nature, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.58920 of 2019(2) dt.24-09-2019 3/3 satisfaction of learned C.J.M. Katihar in connection with Kadwa P.S. Case No.131 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T