Salman Ali @ Ish Mohammad Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18074 of 2020 Arising Out of PS. Case No.-385 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== SALMAN ALI @ ISH MOHAMMAD GADDI Son of Farman Gaddi Resident of Gulab Chowk, Patkhauli, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant's son with lathi and dabiya, due to which he sustained injuries on his lip and head. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.18074 of 2020(2) dt.17-07-2020 2/2 petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. The date of occurrence is said to be 03.11.2019 and the case was instituted on 06.11.2019. Delay has not been explained by the prosecution. Prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Additional Chief Judicial Magistrate 1st, West Champaran, Bettiah in connection with Bairia P.S. case No.385 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T