Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71183 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- THAWE District- Gopalganj ====================================================== 1.

Noor Alam Son of Late Ali Hassan 2.

Abrar Alam Son of Noor Alam both resident of Village - Narayanpur Tola Singhpur, P.S.- Thawe, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and learned counsel for the informant.

Petitioners are apprehending their arrest in Thawe P.S. Case no. 82/2019 registered under sections 307, 379 and other allied section of the IPC.

Petitioners along with his brother are alleged to have assaulted informant's side by means of various weapons including iron rod, pipe, hammer and bamboo etc. It is submitted by counsel for the petitioners that there is subsisting land dispute between the prosecution side and the petitioners and the matter is pending before the apex court. Further it is submitted that specific allegation against

Patna High Court CR. MISC. No.71183 of 2019(3) dt.05-03-2020 2/2 the petitioners is only catching hold of Ehtasamuddin. Counsel for the informant and A.P.P. submit that the petitioners along with others have assaulted various persons of the prosecution side other than Ehtasamuddin. Injury reports show grievous injury sustained by the members of the prosecution side which are also on record in the case diary. Considering the nature of the allegation against the petitioners of forming assembly and beating the prosecution party in such a brutal manner, this court is not inclined to grant privilege of anticipatory bail to the petitioners and as such their prayer for anticipatory bail is rejected.

Petitioners would be at liberty to urge this point at the time of consideration of regular bail.

(Madhuresh Prasad, J) s.hassan/- U T