Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1232 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Aftab Alam, aged about 44 years, (Male) son of Nurul Hoda Sah, Resident of Village- Jaitapur Binwa Tola, Ward No. 8, P.S. Palanawa, District East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Palanawa PS Case No.121 of 2023 instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 353/34 of the Indian Penal Code.
3. As per the prosecution case, all the FIR named accused persons including this petitioner came to the house of the informant started abusing, hitting and with an intention to kill him.
4. The allegation against the petitioner is that he assaulted the informant by rod and injury report of the informant has discussed in the bail rejection order of the
Patna High Court CR. MISC. No.1232 of 2024(2) dt.29-01-2024 2/3 learned 11th Additional Sessions Judge, East Champaran, Motihari dated 13.10.2023. The informant sustained lacerated wound measuring 3"x1/4"x1/6" on the right side of parietal region of head.
5. Learned counsel for the petitioner submits that there is case and counter case attributed between the parties. He submits that date of occurrence is 04.06.2023 and the FIR has been lodged on 06.06.2023. There is no any plausible explanation given in the petition for the delay. Petitioner has no criminal antecedent.
6. Learned APP opposes the prayer for anticipatory bail of the petitioner.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, let the petitioner above named be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran in connection with Palanawa PS Case No. 121 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with condition that one of the
Patna High Court CR. MISC. No.1232 of 2024(2) dt.29-01-2024 3/3 bailors shall be close relative of the petitioner. (Ramesh Chand Malviya, J) Anand Kr.
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