Ashlam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41138 of 2020 Arising Out of PS. Case No.-83 Year-2020 Thana- SISWAN District- Siwan ====================================================== ASHLAM HUSSAIN son of Late Aash Mian @ Aash Mahammad Resident of Village- Khajepur Khurd, P.S. M.H. Nagar (Siswan), District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr. Uday Chand Prasad For the Informant :

Mr. Shambhu Prasad Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-07-2021 Heard Mr. Ramadhar Shekhar, learned counsel for the petitioner, Mr. Shambhu Prasad Yadav, learned counsel for the informant. The State is represented by Mr. Uday Chand Prasad, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Siswan (M.H. Nagar) Nagar P.S. Case No. 83/2020 instituted for the offences under Sections 341, 323, 379, 354(B), 427, 504, 506 and 34 of the Indian Penal Code.

The petitioner along with several others are alleged to have come to the shop of the informant. However, when they were asked to go back as it was a breach of Corona

Patna High Court CR. MISC. No.41138 of 2020(2) dt.24-07-2021 2/3 protocol, an occurrence took place in which the petitioner also alleged to have participated.

Learned counsel for the petitioner has submitted that an absolutely false case has been lodged against him and others.

The daughter in law of the petitioner has filed a case against the informant of the present case. From the narration made in the F.I.R. itself, it would appear that on the intervention of the local persons, the matter was settled but after about forty days of the occurrence, the subject F.I.R. has now been filed.

Mr. Shambhu Prasad Yadav, learned Advocate for the informant has however drawn the attention of this Court to the fact that the petitioner has been made accused in three other cases of similar nature.

Learned counsel for the petitioner in response to the aforesaid statement, has submitted that in all such cases, the petitioner has been granted bail.

Regard being had to the aforesaid facts, the petitioner, above named, is directed to be released on bail,

Patna High Court CR. MISC. No.41138 of 2020(2) dt.24-07-2021 3/3 in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siswan (M.H. Nagar) Nagar P.S. Case No. 83/2020 , subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T