Mazher Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68240 of 2023 Arising Out of PS. Case No.-324 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
MAZHER ALAM AALE MOHAMMAD VILLAGE-SEMRA BELWATIYA, PS- TURKAULIYA, DISTRICT- EAST CHAMPARAN 2.
AALE MOHHAMAD LATE JAHIR HUSSAIN VILLAGE-SEMRA BELWATIYA, PS- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner no.1, allegedly, threatened the informant by way of audio recording to kill his family members and petitioner no. 2 snatched gold chain from the neck of the informant and one another co-accused, namely, Sheikh Mohammad snatched Rs. 16,000/- from his pocket and thereafter one Shahid Alam @ Bablu started air firing and fled away. It is also alleged that Shahid Alam @
Patna High Court CR. MISC. No.68240 of 2023(4) dt.09-04-2024 2/3 Bablu assaulted on the informant by means of sword.
4. Learned counsel for the petitioner submits the petitioners have falsely been implicated in the case. Petitioner no.1 has got one criminal antecedent while petitioner no. 2 has got four criminal antecedents. Learned counsel further submits that as per FIR, there is specific allegation against one Shahid Alam to have assaulted on the informant by means of sword. The allegation against the petitioner no.1 is that he released an audio recording giving threatening to the informant and petitioner no. 2 is said to have snatched gold chain from the informant. Learned counsel further submits that there is an admitted land dispute between the parties.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the admitted land dispute between the parties, let the above named petitioners, 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari where the case is pending/successor
Patna High Court CR. MISC. No.68240 of 2023(4) dt.09-04-2024 3/3 Court in connection with Turkauliya P.S. Case No. 324 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) perwez U T