Imam Hussain @ Imam Hassan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80470 of 2024 Arising Out of PS. Case No.-281 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== 1.
Imam Hussain @ Imam Hassan son of Sakir Hussain village- Raghunathpur (Gularia tola), Ps- Jamo Bazar, dist- Siwan 2.
Irfan Ali Son of Sakir Hussain village- Raghunathpur (Gularia tola), PsJamo Bazar, dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahtab Alam, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Jamo Bazar PS case no. 281 of 2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S. Act, 2023.
3.
The prosecution story, as per the First Information Report, is that on 17.08.2024, when the informant's son namely Irshad Ali went to his uncle's house to give Rs. 15,000/- then the petitioners along with two unknown persons caught hold of the informant's son and petitioner no. 2 inflicted knife blow on the stomach and chest of informant's son.
Patna High Court CR. MISC. No.80470 of 2024(2) dt.10-12-2024 2/3 4.
Learned Counsel for the petitioners submits that both parties are co-villagers and at about 2 pm in the afternoon, when petitioner no. 1 along with his father was going to the market, then the informant's son assaulted the father of petitioner no. 1 and at about 4 pm on the same day, informant's son along with 6-7 persons armed with stick, iron rod and other weapons came to the petitioners' house and started assaulting petitioners and their family members, however no F.I.R. was lodged but due to the minor scuffle between the parties, the present F.I.R. was lodged by the side of the informant on the next day. Referring to Annexure-P/2 i.e. the injury report of the victim Irshad Ali, learned counsel submits that all injuries are simple in nature.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that injuries caused to the victim are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.80470 of 2024(2) dt.10-12-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra at Siwan in connection with Jamo Bazar PS case no. 281 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T