Afsar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77893 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- SIKTI District- Araria ====================================================== Afsar Alam son of Kalimuddin @ Alim Uddin Resident of village- Singhia, Ward no. 3, P.S.- Sikti, Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sikti Police Station Case No. 113 of 2024, dated 25.07.2024, disclosing offences under Sections 126(2)/115(2)/118(1)/76/303(2)/352(3)(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that the petitioner assaulted the informant by means of farsa on his head.
4. Learned counsel for the petitioner submits that both the parties are neighbours and due to quarrel between the petitioner's brother and the son of the informant the occurrence has taken place. He further submits that the
Patna High Court CR. MISC. No.77893 of 2024(2) dt.25-11-2024 2/2 injury caused to the informant is simple in nature as would be evident from the impugned order.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are neighbours and injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Araria, in connection with Sikti Police Station Case No. 113 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T