Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5457 of 2021 Arising Out of PS. Case No.-340 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Danish (Male), aged about 24 years, Son of Md. Kyamudin Rayeen, Resident of Village- Bhabua, Ward No-8, P.S-Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-09-2021 The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner, which was allowed.

3. Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Mr. Mritunjay Kumar Nirala, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Bhabua PS Case No. 340 of 2020 dated 10.06.2020, G.R. No. 1069 of 2020, instituted under Sections 341/323/307/379/427/ 504/34 of the Indian Penal Code.

5. As per the FIR, two persons on a motorcycle had

2/4 driven over the feet of the informant and upon objection, the petitioner, who was driving the motorcycle had assaulted him with iron weight on the back. It is further stated that after that both the persons had threatened the informant that they would show him when the informant comes to his house and when the informant was going to his house, the petitioner along with 7-5 persons was standing and had surrounded him and had assaulted him with lathi and danda and the petitioner is said to have assaulted on the head by sharp edged iron weapon resulting in injury.

6. Learned counsel for the petitioner submitted that the injuries have been found to be simple and only with regard to one injury, opinion has been reserved for X-ray, but till date the same has not been submitted. It was further submitted that the parties live in the same locality and have compromised the matter and good relationship has been restored. Learned counsel submitted that peace may be disturbed if the petitioner is made to suffer adverse consequences of the present case. Summing up his arguments, learned counsel submitted that the petitioner does not have any other criminal antecedent.

7. Learned APP submitted that the petitioner has also brutally assaulted the informant and has hit him on the head and

3/4 injury report shows that there was injury on the head.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the fact that the genesis of the occurrence, as per the FIR itself, is of the motorcycle driven by the petitioner running over the feet of the informant and the injury report disclosing simple injury due to assault by the petitioner and 7-5 others as also there being compromise and the parties living in the same locality, as also the petitioner not having any other criminal record and good relations having been restored between the parties, the Court is inclined to allow the prayer for pre-arrest bail.

9. Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in Bhabua PS Case No. 340 of 2020 corresponding to G.R. No. 1069 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the

4/4 bailors shall execute bond and give undertaking with regard to good behaviour of the petitioner, and (iii) that the petitioner shall cooperate with the Court and the police/prosecution. Any violation of the terms and conditions of the bonds or the undertaking or non-cooperation shall lead to cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner.

11. The petition stands disposed of in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T