Ajaz Ahmmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14150 of 2019 Arising Out of PS. Case No.-295 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Ajaz Ahmmad, Son of Noor Mohammad Resident of Village - Brindaban, P.S.- Uchkagaon, Distt - Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bikram Deo Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh For the Informant :
Mr. Ranjan Kumar Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner, the informant and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Uchkagaon P.S. Case No. 295 of 2018 dated 11.11.2018, instituted for the offences under Sections 147, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. The occurrence is said to have taken place while executing a work of construction over a land which was claimed by both the parties. The petitioner is alleged to have threatened the informant of being killed by bomb
Patna High Court CR. MISC. No.14150 of 2019(2) dt.08-03-2019 2/3 and is also said to have assaulted him on his head by means of farsa. The injury report is on record which indicates a stitched wound on the head. From the perusal of the order impugned, it appears that in order to explain the injury report, the court below had called the doctor who had given the report. The doctor disclosed in court that the stitch over the wound was from before he got to see the patient.
This obviously means that Amir Alam, the injured, who is said to have been assaulted by the informant, got himself treated at some other place and thereafter by the doctor who prepared the injury report. Apart from this, there is a counter version of the occurrence, in which two persons from the side of the petitioner have been injured and one out of them has received a gun shot injury. The earlier case lodged against the petitioner has ended in acquittal. Considering the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest
Patna High Court CR. MISC. No.14150 of 2019(2) dt.08-03-2019 3/3 or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Chief Judicial Magistrate, Gopalganj in connection with Uchakagaon P.S. Case No. 295 of 2018 , subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T