Md. Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23841 of 2018 Arising Out of PS. Case No.-239 Year-2017 Thana- BISFI District- Madhubani ====================================================== Md. Neyaz, Son of Md. Usman, Resident of Village - Gajva, P.S. Bisfi, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Sri Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/302/307/323/341/504 of the Indian Penal Code. The prosecution case got initiated on the Fardbeyan of Salima Khatoon, recorded by Gaya Singh, S.I, Bisfi Police Station on 2.10.2017 at 3.55 PM at Primary Health Centre, Bisfi, to the effect that on 2.10.2017, at 1.30 P.M., the children from the both sides were fighting for playing cricket, upon which the husband of the informant went to pacify the issue, nine accused persons, including the petitioner, surrounded the husband of the informant and started abusing and assaulting him. It is specifically alleged that Md. Mehraj assaulted on the

Patna High Court Cr.Misc. No.23841 of 2018(2) dt.27-04-2018 2/3 head of the husband of the informant with bamboo and Md. Taushim assaulted on his head with iron rod, whereas, Md. Taheer assaulted on his head with lathi. As a result, the husband of the informant fell down on the ground and got unconscious. It is further alleged that the accused persons also assaulted the two children of the informant. Subsequently, husband of the informant succumbed to his injuries.

It is submitted by learned counsel for the petitioner that there is no specific accusation of assault against the petitioner. The FIR suggests that specific accusation of assault has been levelled against Md. Mehraj, Md. Taushim and Md. Taheer. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by Mr. Uma Shankar Prasad Singh, learned APP for the State that specific accusation of assault is against all the accused persons, including the petitioner, named in the FIR. Considering the specific accusation of assault levelled against three other accused persons not against the petitioner, coupled with statement made in para no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a

Patna High Court Cr.Misc. No.23841 of 2018(2) dt.27-04-2018 3/3 period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Benipatti, Madhubani, in connection with Bisfi P.S. Case No.239 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T