Abdul Ahad @ Md. Ahad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60780 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Abdul Ahad @ Md. Ahad Son Of Md. Ibrar Alam Resident Of Village - Pachira, Ward No. 06, P.S. - Raniganj, District - Araria. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand- Advocate For the Opposite Party/s :
Mr. Dashrath Mehta- A.P.P.
Mr. Shekhar Kumar Singh- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 324, 326, 427, 354(B), 379/ 504 of the Indian Penal Code.
The learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 24.06.2021, Sonu Yadav damaged the foundry items by a loaded tractor and when the informant opposed, the petitioners and other co-accused variously armed began to abuse and assault. It is next alleged that when son of the informant came at the place of occurrence, on orders of
Patna High Court CR. MISC. No.60780 of 2021(2) dt.12-07-2022 2/3 petitioner no.1, co-accused assaulted them. It is next alleged that Md. Shahrukh assaulted Mahtab Alam with farsa on his temple causing injury and Md. Ishteyak assaulted Intekhab Alam with sword on his head and Tahmina Khatoon was also assaulted by the accused persons. It is next alleged that all the accused took away documents from the box and accused Afaque Alam, Jahangir @ Lali and Md. Ibrahim. It is further alleged that the petitioners also took away Rs. One lac.
The learned senior counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that no overt act of assault has been alleged against the petitioner, though in the F.I.R. against the petitioner, it is alleged that he along with Abusama and Inkalab misbehaved and touched the Tahmina Khatoon inappropriately and even dashed her on the ground and disrobed her. It is submitted that the petitioner has been falsely implicated in the present case, though there is no allegation of assault against him, as such, he has been implicated with allegation of misbehaving with Tahmina Khatoon along with two others in order to give a serious colour to the case.
The learned counsel for the informant and the learned Additional Public Prosecutor opposes the anticipatory bail
Patna High Court CR. MISC. No.60780 of 2021(2) dt.12-07-2022 3/3 application.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raniganj P. S. Case No.180 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T