Washim Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39438 of 2022 Arising Out of PS. Case No.-1 Year-2021 Thana- LAURIA District- West Champaran ====================================================== 1.

WASHIM AHMAD S/o Late Imran Resident of Deurwa, Devraj, P.s.- Lauriya, District - West Champaran.

2.

NAJIBULLAH @ BICHAL @ NAZIHULLAH S/o Gufran Resident of Deurwa, Devraj, P.s.- Lauriya, District - West Champaran. 3.

SAHID AHMAD @ SAHIL @ SAHIL AHMAD S/o Mustaba @ Chhotak Resident of Deurwa, Devraj, P.s.- Lauriya, District - 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. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 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, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and from perusal of the allegation as alleged in the FIR it would manifest that allegations of assault against these petitioners are general and omnibus in nature, it is also submitted that there are two accused by similar name Washim Ahmad

Patna High Court CR. MISC. No.39438 of 2022(2) dt.07-12-2022 2/3 (petitioner no.1) son of late Imran and Basim Ahmad aged about 36 years son of late Imran, it is next submitted that both the accused are own brothers and allegation of assaulting the injured by farsa is on Basim, it is next submitted that as far as Washim Ahmad, Najibullah and Sahil are concerned the allegation against them of assault is general and omnibus in nature.

Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners, but are not able to meet the submission of the learned counsel for the petitioner that specific allegation of assaulting the injured is against Basim and not Washim. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lauriya P.S. Case No. 01 of 2021 subject to the

Patna High Court CR. MISC. No.39438 of 2022(2) dt.07-12-2022 3/3 conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T