Patna High Court granted anticipatory bail to the petitioner in a police case alleging assault, property theft, and attempt to outrage modesty involving family feud, subject to bail bonds and court appearance conditions.
Petitioner released on bail on furnishing bonds of Rs. 20,000 with two sureties within eight weeks, subject to statutory conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57555 of 2023
Arising Out of PS. Case No.-306 Year-2022 Thana- ALAMNAGAR District- Madhepura
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Md. Alam, son of Imamul, Village- Laxminia Ward no-9, Ps- Alamnagar DistMadhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Purushottam Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 06-10-2023
Heard learned counsel for the petitioner and learned counsel for the State.
Patna High Court CR. MISC. No.57555 of 2023(2) dt.06-10-2023 2/3
case. The petitioner and the informant are both related to each other through marriage. There has been some land dispute between the families and in the background of this dispute the present occurrence took place. For the same occurrence, petitioner’s side has lodged Alamnagar P.S. Case No. 307 of 2022 which was registered under Sections 147, 148, 341, 323 and 448 of IPC and Section 27 of the Arms Act. From the facts of the case, it is evident that only allegation against the petitioner is that he gave a lathi blow to one Md. Saddik on his hand though injury is stated to be grievous. Learned counsel further submits that quarrel took place between two groups which resulted in free fight and no offences under Sections 307 and 379 of IPC and Section 27 of Arms Act is made out in the present case.
Patna High Court CR. MISC. No.57555 of 2023(2) dt.06-10-2023 3/3
eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Udakisunganj, Madhepura/concerned court in connection with Alamnagar P.S. Case No. 306 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J)
balmukund/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a free fight involving allegations of assault and property taking.
1 provisions across 1 enactments
Md. Alam
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
