Chand Ahmad @ Chand Akhtra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30217 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Chand Ahmad @ Chand Akhtra S/O Mahmood Ahmad @ Mahmood Ali R/O Village-Chand Pipara, P.S- Hathuwa, District-Gopalganj. 2.

Wasim Ahmad @ Wasim S/O Mahmood Ahmad @ Mahmood Ali R/O Village-Chand Pipara, P.S- Hathuwa, District-Gopalganj. 3.

Rizwan Ahmad @ Rizwan S/O Mahmood Ahmad @ Mahmood Ali R/O Village-Chand Pipara, P.S- Hathuwa, District-Gopalganj. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Hussainganj P.S. Case No. 212 of 2020 registered for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Prosecution case in brief is that while the informant was sitting at his door, the accused persons who are informant's neighbours having armed with deadly weapons came at

Patna High Court CR. MISC. No.30217 of 2021(2) dt.07-03-2022 2/3 informant's door and started abusing. On protest, co-accused Rayees Ahmed assaulted on the head of the informant with farsa and Ekrar Ahmed assaulted with Dab on his head as a result of which, the informant sustained injury. The other accused also assaulted the informant and others.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The specific allegation of assault is alleged against co-accused Rayees Ahmed and Ekrar Ahmed. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrat-XIII, Siwan, in

Patna High Court CR. MISC. No.30217 of 2021(2) dt.07-03-2022 3/3 connection with Hussainganj P.S. Case No. 212 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T