Ahmad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20482 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== AHMAD ALI Son Suhabuddin Ansari Resident of Village - Jamal Hatta, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Hussainganj P.S. Case No. 22 of 2019 for the offences punishable under Section 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Md. Aslam Ansari submitted before the Station House Officer, Hussainganj Police Station is to the effect that on 23.01.2019 at about 9 A.M., the informant went to his agricultural land where, he wanted to make construction. He requested the local people not to drain out the water into the land in question but one of the neighbours, namely, Md. Ahmad Ali (the petitioner) denied the request of the petitioner. On

Patna High Court CR. MISC. No.20482 of 2019(2) dt.03-04-2019 2/3 pretest being made by the informant, petitioner started abusing the informant, and thereafter all the accused persons including the petitioner assaulted him with Farsa and Lathi. It is submitted by the learned counsel for the petitioner that in the background of petty dispute, the occurrence took place. There is a counter case filed from the petitioner's side being Hussainganj P.S. Case No. 21 of 2019. There is specific accusation of assault with Farsa is made against the petitioner but as per the medical report, injury has been caused to the informant by hard and blunt substance, which is simple in nature. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that petitioner assaulted the informant with Farsa on vital part of his body and he is named in the FIR.

Considering the nature of injury and statement made in paragraph 3 of the petition that the petitioner is not having any criminal 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) with two

Patna High Court CR. MISC. No.20482 of 2019(2) dt.03-04-2019 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 22 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) sushma/- U T