Sk. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13239 of 2021 Arising Out of PS. Case No.-452 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== 1.

SK. ALLAUDDIN S/O Late Sk. Hakim, resident of Village- Kunjalhi, P.S.- Nautan, Distt- West Champaran.

2.

Sk. Afzal @ Afjal Alam Son of Sk Zakir Resident of Village- Kunjalhi, P.S.- Nautan, Distt- West Champaran.

3.

Md. Jalauddin @ Sk. Jalauddin @ Md. Zainuddin Alam Son of Sk. Zakir Resident of Village- Kunjalhi, P.S.- Nautan, Distt- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Learned counsel for the petitioners has submitted that the petitioner no.3 has been arrested during the pendency of the anticipatory bail application and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw the application.

Permission is accorded. The application is accordingly dismissed as withdrawn as having become infructuous as against petitioner no.3.

2/4 Heard the learned counsel for the petitioner nos. 1 and 2 and the learned APP for the State through video conferencing. The petitioner nos. 1 and 2 apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code, registered in connection with Nautan P.S.Case No. 452 of 2020 and Section 302 of the IPC was added later on after the death of Sheikh Zamil.

The informant Sheikh Zamil (since deceased) had lodged the FIR, stating therein that his neighbour, petitioner no.1 Sk. Allauddin came to his door and for some money transaction, he started abusing. On protest, the FIR named accused persons, including the petitioners, came there with lathi, danda etc. The petitioner nos. 1 and 2 Sk. Allauddin and Sk. Afzal caught hold of the informant and Sk. Jallauddin inflicted lathi blow on the left hand of the informant. Thereafter all the accused persons including the petitioners badly assaulted him with fists and legs. He was brought to a primary health centre, from where he was referred to the Sadar Hospital, Bettiah. The informant succumbed to the injuries. The learned counsel for the petitioners has submitted that specific allegation of assault on the left hand of the

3/4 informant is on petitioner no.3 Sk. Jalauddin. He has also submitted that there is a counter case lodged on behalf of Md. Zakir from the petitioners' side, to which learned counsel for the informant has denied that it was a counter case, rather it is much earlier case than the present one, to which the learned counsel for the petitioners has submitted that it is for the same day occurrence. The learned counsel for the petitioners has also submitted that the patient died after six days of the injury sustained by him.

The post mortem report has been annexed with the case diary, which shows 1. old lacerated wound 2"x 1⁄2" on left forearm dorsal at mid part of forearm. 2. Abrasion 02" in length (old) on (Rt.) leg. Old bruise 2"x 1⁄2" on occipital area of skull underneath the scalp. Old subdural hematoma (dark brown) measuring 3" x 1⁄2" on occipital area of brain. Brain congested. Trachea congested, chest cavity is full of dirty fluid. Lungs congested. Heart enlarged in size with fatty deposition over it. (Rt.) chamber contains little blood. Left chamber empty. The allegation against the petitioners is that they along with other accused persons badly assaulted the deceased with fists and legs etc., which is corroborated by the post mortem report.

4/4 In these circumstances, it is not a fit case for grant of anticipatory bail. The application for grant of anticipatory bail is hereby rejected.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T