Md. Kalam @ Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68773 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== 1.

MD. KALAM @ KALAM Son of Late Zabbar R/V- Bhagwatipur, P.SPandaul, Dist- Madhubani 2.

Md. Salam Son of Late Zabbar R/V- Bhagwatipur, P.S- Pandaul, DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 308, 379, 427, 504, 34of the Indian Penal Code.

Allegedly, some accused persons including the petitioners came to the informant and started abusing and when she protested for doing so, all the accused persons entered her house and assaulted her and her children due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Both the parties are co-villagers. No such occurrence as alleged

Patna High Court CR. MISC. No.68773 of 2022(3) dt.19-05-2023 2/2 ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Though there is allegation against the petitioners that they assaulted the informant and her children, but as per the injury report, all the injuries sustained by the victims are simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case as well as the nature of the injury, 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 lower Court where the case is pending/successor Court in connection with Pandaul P.S. Case No. 137 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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