IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86299 of 2024 Arising Out of PS. Case No.-487 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== 1. Md. Noor Alam @ Alam @ Md. Alam S/o Md. Khudus Resident of village - Arraha Ward No 7, PS- Madhepura (Bharrahi OP), District- Madhepura 2. Md. Sah Alam S/o Md. Khudus Resident of village - Arraha Ward No 7, PS- Madhepura (Bharrahi OP), District- Madhepura ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Praveen Mr.Barun Kumar Singh For the Opposite Party/s : Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 18-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 487/2024 dated 10.05.2024 registered for the offence punishable u/s 147, 148, 323, 324, 307 and 379 of the Indian Penal Code. 3. As per the prosecution case, the petitioners and the co-accused persons along with 5-6 unknown miscreants holding lethal weapons came at the door of the informant and the petitioner no. 1 ordered to kill and loot the informant's house. On hearing this, they started abusing and assaulting the informant. When Md. Ahmad came to rescue the informant, the Patna High Court CR. MISC. No.86299 of 2024(2) dt.18-04-2025 2/3 petitioner no. 2, Sah Alam assaulted him with iron rod, causing injury. When Md. Rashid went to rescue Md. Admad, the petitioner no. 2, Sah Alam and Zakir inflicted blow of knife on both the sides of his panjra and the co-accused Md. Akhter and Md. Zakir assaulted him with lathi. When Nasroon Khatton went to rescue Md. Rashid, the petitioner no. 2 and the co- accused, Md. Kalam caught hold of her hair and slammed her on the ground and assaulted her with legs and fists. On halla, the villagers gathered there and they started fleeing away and in the meantime, the co-accused Md. Kudum snatched Rs. 25,000/- from the pocket of the informant and threatened the informant that they would kill him if they will inform the police. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case between the parties. The other co-accused person has already been granted anticipatory bail by this court vide order dated 23.10.2024 passed in Cr. Misc. No. 73562/2024. Learned counsel has submitted that the injury of Md. Rashid is simple in nature. It is further submitted that the petitioners side also sustained injury. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Patna High Court CR. MISC. No.86299 of 2024(2) dt.18-04-2025 3/3 5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the injury of Md. Ahmad is grievous in nature. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 487/2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled. 7. This application stands allowed. atul/- (Chandra Prakash Singh, J) U T