Allowed

Md. Tabrej Alam v. The State of Bihar

Patna HC4 Mar 2022CR. MISC./16105/2021

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to petitioners in an FIR alleging assault and housebreaking. The High Court directed their release upon arrest or surrender within four weeks upon furnishing bail bonds and sureties under Section 438 Cr.P.C.

What did the court decide?

Directing release of petitioners on bail upon arrest or surrender within four weeks by furnishing bail bonds and sureties under Section 438 Cr.P.C.

Md. Tabrej Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.16105 of 2021

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Arising Out of PS. Case No.-194 Year-2020 Thana- FALKA District- Katihar

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======================================================

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Md. Tabrej Alam, aged about 45 years, male, Son of Md. Sayeedur Rahman.

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Md. Irfan, aged about 60 years, male, Son of Sk. Samid.

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Both are Residents of Village- Kusiyari, P.S.- Falka, District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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2 04-03-2022 Heard the counsel for the parties.

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The petitioners seek bail in anticipation of their

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arrest in connection with Falka (Pothia) P.S. Case No. 194 of 2020, dated 08.06.2020, instituted for the offences under Sections 341, 323, 307, 354, 379 and 504/34 of the Indian

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Penal Code.

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Over a trivial issue of a cow having strayed over

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the land of the informant, an occurrence took place in which

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Patna High Court CR. MISC. No.16105 of 2021(2) dt.04-03-2022 2/3

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the informant and his wife are said to have been assaulted.

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Though the petitioners are said to have assaulted the victims of this case and some of the injuries received by them have been reported to be grievous, but the learned counsel for petitioners has submitted that the informant has chosen to take a decision of not prosecuting them any further as the parties are agnates and there was no intention on the part of the petitioners to cause any bodily injury to the victims.

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It has further been submitted that the accusation under the other sections of the I.P.C., viz., 354 and 379 are also not made out against the petitioners.

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Regard being had to the facts afore-stated and taking into account the clean antecedents of the petitioners, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Katihar in

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Patna High Court CR. MISC. No.16105 of 2021(2) dt.04-03-2022 3/3

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connection with Falka (Pothia) P.S. Case No. 194 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Ashutosh Kumar, J)

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Praveen-II/-

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U T

Md. Tabrej Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Tabrej Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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