Imran Alam @ Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71625 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== 1.

IMRAN ALAM @ MD. IMRAN Son of Late Shekh Nayeem @ Imran Alam Resident of Village- BrindabanTola Alakhabani , P.S.- Kalayanpur, DistrictEast Champaran 2.

MD. RUSTAM @ SHEKH RUSTOM Son of Late Azisul Haque Resident of Village- BrindabanTola Alakhabani , P.S.- Kalayanpur, District- East Champaran 3.

SOHAIL AHMAD @ SOHIL AHMAD @ SHOHAIL AHMAD Son of Late Yasin @ Late Shekh Yasim Resident of Village- BrindabanTola Alakhabani , P.S.- Kalayanpur, District- East Champaran 4.

ASFAQUE AHMAD Son of Akhtar Ali Resident of Village- Mathia Bahlolpur , P.S.- Kalayanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Umesh Lal Verma Mr. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 354, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, an altercation took place between the informant and the petitioners, the petitioners misbehaved with Matwali Mojahir Alam. It is stated that the petitioners alongwith other co-accused persons assaulted the informant's side due to which they sustained injuries. Appellant no.3 snatched watch

Patna High Court CR. MISC. No.71625 of 2022(2) dt.02-02-2023 2/3 from the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The allegation against the appellant no.1 and 2 is to assault the informant and his family members but the injuries are found as simple in nature. He further submits that the parties are own agnates and title suit no.176 of 2019 is going on between them. Petitioner nos.1, 2 and 3 have two criminal antecedent and petitioner no.4 has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, as the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their 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 court below

Patna High Court CR. MISC. No.71625 of 2022(2) dt.02-02-2023 3/3 where the case is pending/Successor Court in connection with Kalayanpur P.S. Case No.92 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T