Md. Wasim @ Wasim Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35434 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- SONO District- Jamui ====================================================== MD. WASIM @ WASIM ALI S/O MUSLIM ALI Resident of VillagePanjiya, P.S.- Charkapathar, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36937 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- SONO District- Jamui ====================================================== NEHAL ALI @ MD. NEHAL ALI SON OF MD. MAKBUL ALI RESIDENT OF VILLAGE- BABUDIH, P.S.- SONO, DISTRICT- JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 35434 of 2022) For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr. Sanjay Kumar (In CRIMINAL MISCELLANEOUS No. 36937 of 2022) For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Ms. Rita Verma For the Informant :
Mr. Amrendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.35434 of 2022(4) dt.04-01-2023 2/3 The petitioners apprehend their arrest in connection with Sono P.S. Case No. 323 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
The learned counsel for the petitioners has submitted that the petitioners are innocent. They have falsely been implicated in this case. The FIR has been lodged after four days of the occurrence and all the Sections are bailable except Section 307 of the Indian Penal Code.
The specific allegation against petitioner Nehal Ali @ Md. Nehal Ali is that he inflicted sword blow on the head of Sakina Khatoon. She sustained frontal head injuries on occipital region of her head. One of the injuries is grievous in nature. The petitioner Nehal Ali @ Md. Nehal Ali is author of that injuries, as such, in my view, he is not entitled for privileges of anticipatory bail. Accordingly, the prayer of anticipatory bail with respect to petitioner Nehal Ali @ Md. Nehal Ali is rejected.
So far as the injuries sustained by Pravez Ali all are simple in nature and it is attributed against petitioner Md. Wasim @ Wasim Ali.
Considering the above-mentioned facts and
Patna High Court CR. MISC. No.35434 of 2022(4) dt.04-01-2023 3/3 circumstances, let petitioner Md. Wasim @ Wasim Ali the petitioners above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui in connection with Sono P.S. Case No. 323 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Nirmal/Kundan U T