Asman Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54855 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== ASMAN GADDI S/O MULAJIM GADDI @ MULAGIM GADDI @ MALALJIM GADDI R/O VILLAGE- BHAVARI, WARD NO. 12, P.S. -BALTHAR, DISTRICT- WEST CHAMPARAN.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Pandey, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Balthar P.S. Case No.142 of 2022 dated 23.11.2022 registered for the offence/s punishable under Section/s 341, 323, 324, 447, 307 and 504/34 of the Indian Penal Code. 3.

The main submissions advanced by the learned counsel for the petitioner are that both the parties are agnates, as per FIR the specific allegation of having assaulted the informant and her husband by means of dagger and iron rod is against co-accused person Sadir Alam @ Sadre Alam along with two other co-accused persons namely Lahwar Gaddi and Alif Gaddi @ Manif Gaddi who have been granted Anticipatory Bail by a co-ordinate Bench of this Court vide order passed in

Patna High Court CR. MISC. No.54855 of 2023(2) dt.30-08-2023 2/2 Cr. Misc. No.43518 of 2023. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 19.06.2023 and his case stands on better footing from the co-accused Sadir Alam, who is on anticipatory bail and altogether 7 accused persons including the petitioner have been named in the FIR and there is general and omnibus allegation against the petitioner and his specific involvement in the alleged occurrence has not been revealed in the FIR. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the nature of allegation appearing against the petitioner and also the fact that the main co-accused carrying more serious allegation than this petitioner is on anticipatory bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Balthar P.S. Case No.142 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T