Sadique Hasan @ Sadad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60484 of 2021 Arising Out of PS. Case No.-235 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== SADIQUE HASAN @ SADAD ALI Son of Late Rustam Ali Resident of Village - Basatpur (Baraipatti), P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr. Javed Aslam For the Opposite Party/s :
Mr. Ram Sevak Choudhary For the Informant Mr. Rajesh Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mirganj P.S. Case no. 235 of 2021 instituted for the offence under Sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code.
As per allegation in the FIR, several accused persons including the petitioner armed with deadly weapons came at the door of the informant and started to abuse. In the meantime, informant's father came out and they started to assault hi. Samshad Ali and Tausif Ali given irod rod blow on his head as a result of which he sustained head injury and fell down. Wahen
Patna High Court CR. MISC. No.60484 of 2021(4) dt.22-08-2022 2/3 his other family members came there to rescue him, they were also beaten up by the accused persons. Petitioner has assaulted to his uncle. Informant's father was brought dead to hospital. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of assaulting informant's father is against co-accused Samshad Ali and Tausif Ali and not against this petitioner. General and omnibus allegations have been levelled against the petitioner. Both parties are agnates and due to earlier land dispute occurrence took place. Petitioner has got no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mirganj P.S. Case no. 235 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XV, Gopalganj subject to the
Patna High Court CR. MISC. No.60484 of 2021(4) dt.22-08-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U