Sikandar Khan @ Sikandar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88507 of 2024 Arising Out of PS. Case No.-579 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== 1.
Sikandar Khan @ Sikandar Alam, S/o Md Lalu Mian @ Lallu Miya, R/o Village- Prakash Nagar, Naya Tola, P. O. - Narkatiyaganj, P. S. - Shikarpur, District- West Champaran 2.
Aurangjeb Khan @ Aurangjeb Mian @ Aurangzeb Alam, S/o Md Lalu Miya @ Lallu Miya, R/o Village- Prakash Nagar, Naya Tola, P. O. - Narkatiyaganj, P. S. - Shikarpur, District- West Champaran 3.
Saddam Hussain @ Saddam Alam, S/o Sajan Alam, R/o Village- Prakash Nagar, Naya Tola, P. O. - Narkatiyaganj, P. S. - Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manaur Alam, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and Mr. Shailendra Kumar, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Shikarpur P.S. Case No.579 of 2024 instituted for the offence under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.
3. The case of the prosecution is that there was a dispute in the two groups. The informant was called for compromise. As he reached near Narkatiaganj Post Office, all
Patna High Court CR. MISC. No.88507 of 2024(2) dt.10-01-2025 2/3 the petitioners surrounded him. Sikandar Khan caught his collar. Saddam Hussain assaulted with knife on the chest and right hand. It is further alleged that Saddam Hussain also assaulted with knife on the right thigh and knee. Aurangjeb Khan assaulted with fists and shoes.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. During course of hearing, learned counsel for the petitioners has submitted that the main thrust of allegation is against Saddam Hussain but the injury report does not corelate with the allegation. It has also been argued that due to intervention of some wellwishers, parties have filed a compromise petition before the trial court. Petitioner no. 2 is having three criminal antecedent whereas petitioner nos. 1 and 3 are having no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a
Patna High Court CR. MISC. No.88507 of 2024(2) dt.10-01-2025 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Shikarpur P.S. Case No. 579 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Vith, Bettiah, West Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T