Sarfaraj Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26917 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== 1.
SARFARAJ GADDI S/O LATE JANGBAHADUR GADDI R/O VillagePujaha Gadiyari, P.S- Srinagar, Distt.- West Champaran. 2.
Khushmohammad Gaddi S/O Late Jangbahadur Gaddi R/O Village- Pujaha Gadiyari, P.S- Srinagar, Distt.- West Champaran. 3.
Islam Gaddi S/O Late Hajrat Gaddi R/O Village- Pujaha Gadiyari, P.SSrinagar, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that the accused persons, including the petitioners, came and petitioner no.1 started abusing her and asked her to withdraw the case and on protest, he assaulted her by farsa causing injury on head, thereafter petitioner no.2 assaulted
Patna High Court CR. MISC. No.26917 of 2023(2) dt.17-07-2023 2/3 informant's brother-in-law (nandosi) by knife causing injury on thumb of right hand and petitioner no.3 assaulted Chhotelal by rod fracturing his left hand.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that previous animosity was existing between the petitioner and the informant, it is further submitted that from perusal of Annexure-3 it would manifest that injuries suffered by the injured are simple in nature as such the petitioner never had any intention of committing any serious occurrence, it is also submitted that Chhotelal is brother-in-law of informant and he was assaulted both by petitioner no.2 and petitioner no.3.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.26917 of 2023(2) dt.17-07-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Srinagar P.S. Case No. 184 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T