Abdul Gani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19857 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Abdul Gani Son of Salimuddin Resident of Village- Bartabari Ps- Ajamnagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-06-2023 Heard Mr. Bimal Kumar, learned counsel for the petitioner and learned APP for the State.

The Petitioner is apprehending his arrest in connection with Ajamnagar P.S. Case No.122 of 2022, registered for the offences punishable under Sections 147, 148, 149, 188, 341, 342, 323, 307, 332, 333, 353, 354(B), 386, 384, 387, 427, 504 and 506 of the Indian Penal Code. It is alleged that in course of attachment of the property of an accused of Mahila P.S. Case No. 51 of 2018, all the named accused persons have surrounded the police force and allegedly the petitioner assaulted one of the police personnel over her head due to which she sustained head injury and became unconscious. It is further alleged that the accused persons also looted the articles and obstructed in functioning of

Patna High Court CR. MISC. No.19857 of 2023(2) dt.14-06-2023 2/3 the official work and damaged the police vehicles. Learned counsel appearing on behalf of the petitioner submits that the petitioner is 65 years old man and only he being father of the accused of Mahila P.S. Case No. 51 of 2018 his name has been implicated in this case by making specific allegation. He further submits that so far the allegation of assaulting the police constable by means of sword is concerned the same has not been corroborated by the injury report, which suggest only simple injury caused by hard and blunt substance. He next submitted that the petitioner is a man of fair antecedent and undertakes that he will fully cooperate in the investigation. On the other hand learned APP for the State vehemently opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the nature of injury caused by hard and blunt substance, coupled with the age of the petitioner and his fair antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with

Patna High Court CR. MISC. No.19857 of 2023(2) dt.14-06-2023 3/3 Ajamnagar P.S. Case No.122 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Harish Kumar, J) manoj/- U T