Md Saifullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40668 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- CHAKAND District- Gaya ====================================================== Md Saifullah aged about 19 years Son Of Kazim Resident Of VillageLakhno, Police Station-Chakand, District- Gaya ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ramakant Sharma, Sr. Advocate and Mr Rajesh Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case, in course of playing cricket one Md Khalid @ Golden pelted brick on the informant's son causing him head injury. When the informant and his elder son came in rescue, they were abused and beaten by the petitioner and co-accused Md. Kazim by means of Cricket bat.

Learned counsel for the petitioner submits that the occurrence took place on the spur of moment during playing

Patna High Court CR. MISC. No.40668 of 2020(2) dt.01-02-2021 2/2 cricket. The allegation of assault is not specific against the petitioner and the injuries in question are simple in nature. Petitioner has falsely been implicated in this case due to old enmity and village politics. He is a student of Intermediate and has to appear in the ensuing examination. Petitioner has got no criminal antecedent. Similarly situated co-accused Md.Khalid @ Golden has already been allowed provisional anticipatory bail by a co-ordinate bench of this Court vide order dated 5.1.2021, passed in Cr.Mis.No. 28243 of 2020. In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Gaya in Chakand Police Station Case No. 38 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.