Imam Hassan Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61064 of 2025 Arising Out of PS. Case No.-199 Year-2025 Thana- RAMGARHWA District- East Champaran ====================================================== Imam Hassan Gaddi S/O Late Manager Gaddi R/O Phulwariya, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP For the Informant : Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 191 (2), 191 (3), 126 (2), 115 (2), 118 (1), 117 (2), 109 and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation in the first information report is that the accused persons including the present petitioner came to the land of the informant and hurled abuses and also assaulted him causing injury to him.
4. It is submitted by learned counsel for the petitioner that it would be apparent from the first information report that, besides the general and omnibus allegations of
Patna High Court CR. MISC. No.61064 of 2025(3) dt.15-11-2025 2/3 assault, the specific allegation of assault is confined to giving a lathi blow on the informant due to which he sustained injury but the injury report, which is part of the case diary, shows the injury to be simple in nature on head and shoulder. It is further submitted that the injury report would also indicate that the presence of incised wound on the parietal region of the head of the informant does not get corroborated by the allegation of assault by means of lathi. It is further submitted that there is land dispute between the parties and the documents with regard to same has been brought on record by Annexure-2 to this petition. So far as the other injured persons are concerned who have sustained other injuries, are not attributable to the petitioner. Petitioner is himself suffering with physical ailment with regard to which a supplementary affidavit has also been filed. Petitioner is in custody since 19.06.2025 and chargesheet has been submitted.
5. Learned APP for the State and learned counsel for the informant opposed the bail petition on the basis of allegation made in the first information report and also the materials collected during the course of investigation and further that the petitioner has several criminal antecedents. However, in response to this, it is submitted that out of nine
Patna High Court CR. MISC. No.61064 of 2025(3) dt.15-11-2025 3/3 cases the petitioner has been acquitted in two cases and two other cases have wrongly been recorded by the police as his criminal antecedents.
6. Taking into consideration the facts and circumstances of the case and considering the fact of land dispute between the parties coupled with the fact that the injury attributable to the petitioner is simple one and the chargesheet has been submitted, the above named petitioner is directed to 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 the learned Court below where the case is pending/successor Court in connection with Ramgarhwa P.S. Case No.199 of 2025.
(Soni Shrivastava, J) Trivedi/- U T