Kalamuddin Gaddi @ Sadhu Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43100 of 2023 Arising Out of PS. Case No.-190 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== KALAMUDDIN GADDI @ SADHU GADDI S/O LATE MAHAVIR GADDI R/O VILLAGE- BHATWALIYA, PS. BAIRIYA, DIST. WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard Mr. Brij Kishor Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. In compliance of the order dated 22.01.2024, the past and present Investigating Officers are present before the Court.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 302 and 504 of the Indian Penal Code.
4. The allegation against the petitioner is that he assaulted the father of the informant by means of lathi on his chest.
5. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against
Patna High Court CR. MISC. No.43100 of 2023(4) dt.29-01-2024 2/3 the petitioner is not specific rather general and omnibus in nature. It is further submitted that the doctor, who has conducted postmortem of cadavera of the deceased, has opined that the death was caused due to head injury. Hence, the postmortem report does not support the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposed the prayer for bail and fairly submitted that the charge sheet has been submitted against the petitioner and there is no allegation against the petitioner to tamper the evidence.
7. Having regard to the facts and circumstances of the case as well as the fact that the charge sheet has been submitted against the petitioner and the postmortem report does not support the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bairiya P.S. Case No. 190 of 2020, subject to the condition as laid down under
Patna High Court CR. MISC. No.43100 of 2023(4) dt.29-01-2024 3/3 Section 438 (2) of the Cr.P.C.
8. The personal appearance of the present and past Investigating Officers is dispensed with.
(Anjani Kumar Sharan, J) Trivedi/- U T