Laddan @ Akram Ali Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23506 of 2024 Arising Out of PS. Case No.-959 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== LADDAN @ AKRAM ALI KHAN, Male, aged about 31 years, SON OF SULTAN @ MD. SULTAN ALI KHAN RESIDENT OF MOHALLA - SHAHJALALAPIR, POLICE STATION - SASARAM NAGAR (TOWN), DISTRICT - ROHTAS AT SASARAM ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23959 of 2024 Arising Out of PS. Case No.-959 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== RAJU @ MD. DILSHAN AFRIDI, Male, aged about 28 years, SON OF SULTAN @ MD SULTAN KHAN RESIDENT OF Mohalla - SHAHJALALAPIR, POLICE STATION - SASARAM NAGAR (TOWN), DISTRICT - ROHTAS AT SASARAM ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 23506 of 2024) For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP (In CRIMINAL MISCELLANEOUS No. 23959 of 2024) For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-08-2024 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Dashrath Mehta, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Sasaram Nagar (Town) P.S. Case No. 959 of 2023
2/4 registered for the offence(s) punishable under Sections 341, 342, 323 and 307/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant by means of axe, iron rod and other hard and blunt substances, causing injury on the various parts of the body of the informant including that on head. Specific allegation against Laddan @ Akram Ali Khan is of assaulting the informant by means of iron rod upon his body, whereas Raju @ Md. Dilshan Afridi is said to have assaulted the informant by means of kulhari upon his head, as a result of which he sustained head injury.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioners are innocent and they have been falsely implicated in the present case. He further submitted that the injury sustained by the informant is simple in nature.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner / Laddan @ Akram Ali Khan and also the fact that he has assaulted the informant on his non-vital part of the body, I am of the opinion that petitioner/ Laddan @ Akram Ali
3/4 Khan has, prima facie, made out a case to be released on prearrest bail.
7. The petitioner / Laddan @ Akram Ali Khan of Cr. Misc. No.23506 of 2024, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learend District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram Nagar (Town) P.S. Case No. 959 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. So far as petitioner / Raju @ Md. Dilshan Afridi of Cr. Misc No.23959 of 2024 is concerned, as allegation has been made against him of assaulting the informant by means of kulhari upon his head, which is a vital part of the body, causing head injury, I am not inclined to grant pre-arrest bail to him.
9. However, the petitioner / Raju @ Md. Dilshan Afridi, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the learned District Court is directed to consider his bail application on the same
4/4 day and pass necessary order on the basis of material which has come in course of investigation without delay.
10. The present bail applications stand disposed of. (Purnendu Singh, J) Sanjay/- U T