Washim Alam @ Washim Ali @ Wasim Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26739 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- BARAULI District- Gopalganj ====================================================== Washim Alam @ Washim Ali @ Wasim Ali S/o Lalbabu Miyan @ Lalbabu Sai, Resident of Village- Kamalpur, P.S.- Barauli, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Barauli P.S. Case No. 29 of 2025 dated 07.02.2025 instituted for the offence punishable under Sections 126(2), 115(2), 117(2), 109(1), 351(2), 351(3), 303(2), 3(5) of the Bhartiyay Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged date of occurrence, the informant was playing cricket. In the meantime, co-accused Firoz Alam came there and some hot-talk took place between them for playing the cricket and thereafter he assaulted the informant with bat. It is alleged that the petitioner assaulted on the head of the informant by means of knife, due to which blood was oozing.
Patna High Court CR. MISC. No.26739 of 2025(2) dt.07-05-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that specific allegation against the petitioner is that he assaulted with knife on the head of the informant due to which he sustained head injury. It is submitted that in paragraph 6 of the impugned order, injury report has been discussed which shows lacerated wound at left parietal bone of skull of size 2" x 1⁄2" x 1⁄2" deep. The doctor opined that the injury is grievous in nature caused by hard and blunt substances. It is submitted that the injury report does not corroborate the prosecution story. In the injury report, there is no mentioning about the sharp cut injury on the head of the informant. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Barauli P.S. Case No. 29 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial
Patna High Court CR. MISC. No.26739 of 2025(2) dt.07-05-2025 3/3 Magistrate, 1st Class, Gopalganj subject to condition as laid down under Section 482(2) of the B.N.S.S., 2023. (Khatim Reza, J) premchand/- U T