Shami Akhtar @ Md. Shami Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64394 of 2019 Arising Out of PS. Case No.-479 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== SHAMI AKHTAR @ MD. SHAMI AKHTAR Son of Late Abdul Bahab Resident of Village- Latouna Uttar, Ward No. 07, P.S.- Triveniganj, DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Triveniganj P.S. Case No. 479 of 2018, registered under Sections 341, 342, 323, 324, 307 and 379/34 of the Indian Penal Code. The accusation is that on 11.12.2018 in the noon, informant, Md. Aaobesh was present at the door of his brother, Md. Najir, where four persons named in the F.I.R. including the petitioner, Shami Akthar and 4 to 5 unknown came and on the order of petitioner, Jamil Akthar gave farsa blow causing injury at the left finger of his hand. When his son, Inamul reached there then petitioner caused caused injury at his head and chest through butt of the gun and Jamil Akthar also caused injury through iron rod causing fracture injury at the hand of his son, Inamul, who became unconscious. Thereafter, Jamil Alam took cash of Rs.10,000/- from

Patna High Court CR. MISC. No.64394 of 2019(2) dt.06-11-2019 2/2 the pocked of his son, Inamul. Thereafter, his younger son, Aaobedh was also assaulted by them.

Learned counsel for the petitioner submits that occurrence took place due to land dispute, in which, petitioner and his daughter also sustained injury. Moreover, allegation has been made against the petitioner to cause injury at the head and chest of Inamul, son of the informant, with further allegation about causing injury to him through rod by Jamil Akthar, while thee injuries were found on the person of Inamul but opinion could not be given by Sub-Divisional Hospital, Triveniganj, Supaul due to not submitting the report from the higher centre. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate-I, Supaul, in connection with Triveniganj P.S. Case No. 479 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T