Md. Sabir Alam vs The State Of Bihar
2021 Latest Caselaw 882 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.31657 of 2020
           Arising Out of PS. Case No.-265 Year-2020 Thana- RANIGANJ District- Araria
     ======================================================

1. Md. Sabir Alam, age-45 years (M), S/o Late Aquimuddin @ Akalu

2. Bibi Keswari, age-40 years (F), Md. Sabir Alam

3. Bibi Tamanna, age-29 years (F), Md. Shahid @ Mithu @ Md. Tohid Petitioners no. 1 to 3 Resident of Village- Kala Blua, Ward No.6, P.S.- Raniganj, District- Araria.

4. Md. Shamsad Alam @ Md. Shamsad, age-55 years (M), S/o Late Iltaf @ Iltaf Resident of Village- Mirzapur, Ward No.10, P.S.- Simraha, District- Araria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s     :       Mr. Md. Naushaduzzoha, Advocate

     For the State            :       Mr. Shantanu Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT Date : 12-02-2021

Heard Mr. Md. Naushaduzzoha, learned counsel for

the petitioners and Mr. Shantanu Kumar, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners apprehend arrest in connection with

Raniganj PS Case No. 265 of 2020 dated 29.05.2020, instituted

under Sections 341/323/324/325/307/379/427/447/504/506/34

of the Indian Penal Code.

Patna High Court CR. MISC. No.31657 of 2020 dt.12-02-2021

3. The allegation against the petitioners along with two

others is that they came on the land of the informant and started

cutting bamboo and when protested accused no. 1 broke the leg

of the informant by hitting from the back of an axe whereas

another co-accused had given dabia blow and further that

petitioners no. 1 and 4 tore the clothes of the informant's wife

and snatched silver chain worth Rs. 5,000/- and others had also

assaulted.

4. Learned counsel for the petitioners submitted that

the informant is the full brother of petitioner no. 1 and there is

land dispute. It was submitted that there is also a counter case in

which also the present accused side sustained injury. It was

submitted that the petitioners have no other criminal antecedent.

It was submitted that the allegation of tearing clothes and

snatching silver chain is cosmetic and addition to implicate all

the family members.

5. Learned APP submitted that against petitioner no. 1

there is specific allegation of hitting from the back of an axe

causing fracture on the leg of the informant's wife which has

also been noticed by the Court below.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in Patna High Court CR. MISC. No.31657 of 2020 dt.12-02-2021

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners no. 2, 3 and 4 namely, Bibi

Keswari, Bibi Tamanna and Md. Shamsad Alam @ Md.

Shamsad respectively, be released on bail upon furnishing bail

bonds of Rs. 25,000/- (twenty five thousand) each with two

sureties of the like amount each to the satisfaction of the learned

ACJM, VI, Araria in Raniganj PS Case No. 265 of 2020, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further (i) that one of the bailors

shall be a close relative of the petitioners no. 2, 3 and 4 namely,

Bibi Keswari, Bibi Tamanna and Md. Shamsad Alam @ Md.

Shamsad respectively, (ii) that the petitioners no. 2, 3 and 4

namely, Bibi Keswari, Bibi Tamanna and Md. Shamsad Alam @

Md. Shamsad respectively and the bailors shall execute bond

with regard to their good behaviour, and (iii) that the petitioners

no. 2, 3 and 4 namely, Bibi Keswari, Bibi Tamanna and Md.

Shamsad Alam @ Md. Shamsad respectively shall cooperate

with the Court and the police/prosecution. Any violation of the

terms and conditions of the bonds or non-cooperation would

lead to cancellation of their bail bonds.

7. Prayer for pre-arrest bail of petitioner no. 1 namely,

Md. Sabir Alam is rejected.

Patna High Court CR. MISC. No.31657 of 2020 dt.12-02-2021

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T