Patna High CourtCR. MISC./61591/2019partly allowed disposal

Masharat Alam @ Masrat Alam v. The State Of Bihar

2019-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61591 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

MASHARAT ALAM @ MASRAT ALAM S/o Reyajuddin 2.

Masum Alam S/o Reyajuddin both R/o village- Nautan Khurd, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code. The allegation as manifest in the body of FIR against the petitioners is that petitioner Masum Alam is alleged to have inflicted knife blows on the head of Tajma Khatoon and on the lip of Rabana Khatoon.

Learned counsel for the petitioners submits that the petitioners are quite innocent and have committed no offence as alleged. It is further submitted that the father of the petitioners and informant are full brothers and there is land dispute between

Patna High Court CR. MISC. No.61591 of 2019(3) dt.19-11-2019 2/2 them.

Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioner no. 1, let the petitioner no. 1, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Gopalganj in connection with Uchakagaon Police Station Case No. 21 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. However, there is specific allegation against the petitioner no. 2, I am not inclined to enlarge the petitioner no. 2 on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with the aforesaid case. Accordingly, the application is dismissed as against petitioner no. 2.

(Anjani Kumar Sharan, J) devendra/- U T