Md. Afroz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79088 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- PALASI District- Araria ====================================================== 1.

Md. Afroz Alam Son of Md. Sabbir Alam Resident of Village - Dighali, Ward No.12, P.S.- Palasi, Distt.- Araria.

2.

Md. Asfarul Haque @ Asfarul Haque Son of Md. Sabbir Alam Resident of Village -Dighali, Ward No.12, P.S.- Palasi, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Palasi P.S. Case No.274 of 2019, registered for the offence punishable under Sections 341, 342, 323, 324, 307, 379, 504/34 of the Indian Penal Code. Allegation against the petitioners is to have caught hold of hand of brother of informant and co-accused Md. Sabir Alam pierced dagger in the abdominal portion of brother of the informant with an intention to kill him. The petitioners took out cash of Rs.50,000/- from the pocket of brother of informant and fled away. The informant with the help of villagers brought his

Patna High Court CR. MISC. No.79088 of 2019(2) dt.11-12-2019 2/2 brother at Palasi PHC for his treatment from where the injured was referred from there for his better treatment. Counsel for the petitioner submits that there is case and counter case between the parties and there is delay in lodging the FIR.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail is rejected. However, if the petitioners surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order preferably on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) V.K.Pandey/- U T