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Md. Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Md. Alam Vs The State of BiharMd. Alam v. The State of Bihar

Dismissed¶22

Md. Alam v. The State of Bihar

Patna HC10 Feb 2025CR. MISC./71632/2024

Case brief

AI extract

What is this about?

Anticipatory bail REJECTED - Patna High Court, Criminal Miscellaneous No.71632 of 2024, order dated 10-02-2025 by Hon'ble S. B. Pd. Singh, J. Petitioner-applicant Md. Alam (Supaul) apprehended arrest in Chhatapur P.S. Case No. 11 of 2021 (FIR 09.01.2021, informant Jabuna Khatun; IPC Sections 341, 323, 324, 307, 354(A), 325, 379, 504/34). Alleged incident of 07.01.2021: farsa and sword blows, head injuries, disrobing of informant, theft of gold ear-rings/nose pin, fractured legs and hands of husband Md. Azim and son Motabil, looting of food-grains. Defence raised counter-blast case and omnibus-allegation arguments (Mr. Arun, Adv.); APP Mr. Madan Kumar opposed. Court relied on witness support (CD paras 5, 7, 45, 46), multiple/head injuries (CD paras 52-55) and ongoing investigation. Keywords: anticipatory bail, rejection, attempt to murder 307 IPC, 354(A) IPC, grievous hurt, counter-FIR, Supaul, Patna High Court.

What did the court decide?

This court, keeping in view the facts placed before it and considering the nature of injury, was not persuaded to enlarge the petitioner on anticipatory bail; the bail petition of Md. Alam was accordingly rejected. ¶20

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, Md. Alam, apprehending arrest in connection with Chhatapur P.S. Case No. 11 of 2021, should be enlarged on anticipatory bail.

Ratio / Principle

This court, keeping in view the facts placed before it and considering the nature of injury, was not persuaded to enlarge the petitioner on anticipatory bail; the bail petition of Md. Alam was accordingly rejected.

Key takeaways

Witnesses recorded in case diary paras 5, 7, 45 & 46 supported the commission of the alleged offence.ratio¶18
Perusal of the injury reports recorded in case diary paras 52, 53, 54 and 55 indicated that the injured persons had sustained multiple injuries, including on their heads.ratio¶18

Detailed headnote1 paragraphs

PATNA HIGH COURT (Cr. Misc. No.71632 of 2024, decided 10-02-2025, S. B. Pd. Singh, J): Anticipatory bail application of Md. Alam, apprehending arrest in Chhatapur P.S. Case No. 11 of 2021 (District Supaul), FIR dated 09.01.2021 lodged by informant Jabuna Khatun for offences under Sections 341, 323, 324, 307, 354(A), 325, 379, 504/34 IPC. Prosecution story: armed group assault of 07.01.2021 with farsa and sword blows to the heads of the informant's husband Md. Azim and son Motabil, disrobing of the informant, taking of her gold ear-rings and nose pin, fractures to the husband and son, and looting of boxes and food-grains. Defence pleaded innocence, alleged a counter-blast case and termed the allegations omnibus and general; learned APP opposed. Court noted witness support in case diary paras 5, 7, 45 & 46, multiple injuries including head injuries per injury reports at paras 52-55, and that investigation was still ongoing; it declined anticipatory bail and rejected the petition.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71632 of 2024

Arising Out of PS. Case No.-11 Year-2021 Thana- CHHATAPUR District- Supaul

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

Md. Alam Son of Late Mohammad Miyan @ Mohammad Ali Resident of village - Indarpur, Police Station - Chhatapur, Distt.- Supaul

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

3 10-02-2025 Heard the parties.

The petitioner is apprehending his arrest in connection with Chhatapur P.S. Case No. 11 of 2021 for the offence under Sections 341, 323, 324, 307, 354(A), 325, 379, 504/34 of the I.P.C. lodged on 09.01.2021 by the informant, Jabuna Khatun.

As per the prosecution story, in brief, is that on 07.01.2021 at about 6:00 PM an altercation took place between child of the informant and her neighbour child and informant – Jabunan Khatun resolved the same, but after some time female and male member of the family of her neighbour came there after being variously armed. Informant’s husband Md. Azim and son Motabil tried to pacify the matter, but the 11 FIR named accused persons including the petitioners assaulted them and

Patna High Court CR. MISC. No.71632 of 2024(3) dt.10-02-2025 2/3

gave farsa and sword blow on their heads. When the informant tried to rescue them, then she was also assaulted and disrobed by the accused persons. Her gold ear-rings and nose pin were also taken by the accused persons. It is alleged that the legs and hands of informant’s husband and her son got fractured in the occurrence. It is stated that the boxes and food-grains kept in informant’s house were also looted by the accused persons.

Learned counsel for the petitioner submits there is a case and counter blast case between the parties. He submits that petitioner is quite innocent and have not committed any offence and have falsely been implicated in this case. He has also submitted that the allegation leveled against the accused petitioners are omnibus and general in nature and not specific.

Learned APP opposes the prayer.

As per allegation made in the FIR all the accused persons named in FIR assaulted the informant, her husband and son in which her husband and son became seriously injured. In para 5, 7, 45 & 46 of case diary, the witnesses have supported the offence. In para 52, 53, 54 and 55, injury report of the injureds have been mentioned, from perusal of which it appears that injureds have sustained multiple injuries also on their head. The investigation is still going on.

Patna High Court CR. MISC. No.71632 of 2024(3) dt.10-02-2025 3/3

Keeping in view the aforesaid facts and considering the nature of injury, I am not persuaded to enlarge the petitioner on anticipatory bail.

Accordingly, the bail petition filed on behalf of the

petitioner, namely, Md. Alam stands rejected.

(S. B. Pd. Singh, J)

prabhakar/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, Md. Alam, apprehending arrest in connection with Chhatapur P.S. Case No. 11 of 2021, should be enlarged on anticipatory bail.¶12

Statutes considered

8 provisions across 1 enactments

AI extract

Indian Penal Code341¶12 323¶12 324¶12 307¶12 354(A)¶12 325¶12 379¶12 504/34¶12

Procedural history

How this case reached the court

AI extract

Prior proceeding
First Information Report registered as Chhatapur P.S. Case No. 11 of 2021, lodged on 09.01.2021 by informant Jabuna Khatun, alleging offences under Sections 341, 323, 324, 307, 354(A), 325, 379, 504/34 IPC; the petitioner apprehends arrest therein.¶12
Prior proceeding
Prosecution story: occurrence of 07.01.2021 at about 6:00 PM; after an altercation between neighbourhood children resolved by informant Jabuna(n) Khatun, armed male and female members of the neighbour's family arrived; the 11 FIR-named accused persons (including the petitioner) assaulted informant's husband Md. Azim and son Motabil with farsa and sword blows to their heads; the informant was assaulted and disrobed while trying to rescue them; her gold ear-rings and nose pin were taken; legs and hands of the husband and son got fractured; boxes and food-grains in the informant's house were looted.¶13
Prior proceeding
Status of investigation at the time of the order: witnesses supported the commission of the offence in case diary paras 5, 7, 45 & 46; injury reports appeared in case diary paras 52-55 showing multiple injuries including on the heads of the injured persons; investigation was still ongoing.¶18

Parties & counsel

AI extract

petitioner
Md. Alam¶4
Arun
respondent
The State of Bihar¶7
Madan Kumar

Coram

AI extract

S. B. Pd. Singhauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 Feb 2025 · February
Registered: 25 Sept 2024
Case no.: CR. MISC./71632/2024
CNR: BRHC010986922024
Bench: S. B. P. Singh
Disposal: REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Md. Alam v. The State of Bihar, CR. MISC./71632/2024 (PAT), decided on 10 February 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes8

Indian Penal Code341 · 323 · 324 · 307 · 354(A) · 325 · 379 · 504/34

View all statutes

Procedural history3

First Information Report registered as Chhatapur P.S. Case No. 11 of 2021, lodged on 09.01.2021 by informant Jabuna Khatun, alleging offences under Sections 341, 323, 324, 307, 354(A), 325, 379, 504/34 IPC; the petitioner apprehends arrest therein.
Prosecution story: occurrence of 07.01.2021 at about 6:00 PM; after an altercation between neighbourhood children resolved by informant Jabuna(n) Khatun, armed male and female members of the neighbour's family arrived; the 11 FIR-named accused persons (including the petitioner) assaulted informant's husband Md. Azim and son Motabil with farsa and sword blows to their heads; the informant was assaulted and disrobed while trying to rescue them; her gold ear-rings and nose pin were taken; legs and hands of the husband and son got fractured; boxes and food-grains in the informant's house were looted.

View full history

Bench / Coram

S. B. Pd. Singh

Parties & counsel