Sikandar Raza @ Biharu Mian @ Md. Sikandar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2354 of 2024 Arising Out of PS. Case No.-511 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== Sikandar Raza @ Biharu Mian @ Md. Sikandar Alam S/O Md. Kasim Resident Of Village - Kapasiya, Police Station - Islampur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Islampur P.S. Case No. 511 of 2023 dated 13.09.2023, instituted for the offence punishable under Sections 147, 149, 341, 342, 323, 324, 307, 504 of the Indian Penal Code.

3. The allegation against the petitioner, is that he along with other co-accused persons assaulted the father of the informant on his chest at the operation portion, thereafter, on the order of the petitioner the co-accused Parwez @ Afsar assaulted the informant with fist covering with Panch causing injury on his lip. Later the accused persons including the petitioner also assaulted the informant and his father by lathi and danda.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that there is no specific allegation the

Patna High Court CR. MISC. No.2354 of 2024(4) dt.10-05-2024 2/2 petitioner, who assaulted the father of the informant and there is no injury report in the case diary. It is submitted that petitioner's brother filed an application before DySP, Hilsa, Nalanda and requested for obtaining injury report from Dirghayu Hospital, Patna and the DySP, Hilsa, Nalanda called the report from the hospital. On 14.01.2024, the said Dirghayu Hospital, Patna sent Medical Report on the same date stating that they did not find any physical assault on the person of Israil Alam @ Barbad Singh. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Islampur P.S. Case No. 511 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa, Nalanda, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T