Aman Ali And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60844 of 2018 Arising Out of PS. Case No.-443 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ======================================================
1. Aman Ali, Son of Jhuna Mian,
2. Adil Ali, Son of Late Jawed Ali, Both are residents of VillageBedu Tola, Police Station- Thawe, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Sri Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in connection with Gopalganj Town P.S. Case No.443 of 2018, registered for the offences punishable under Sections 447/341/323/324/325/307/379/504/506/34 of the Indian Penal Code.
Petitioner Aman Ali is alleged to have caused injury at the head of the informant.
Submission is that the doctor has found simple injury and there is no allegation of repetition of blow. Since petitioner Aman Ali had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused.
Patna High Court Cr.Misc. No.60844 of 2018(3) dt.05-11-2018 2/2 However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.
Petitioner Adil Ali caused injury with knife at the elbow of the right hand of the informant. Land dispute is the reason behind the occurrence.
Hence, let petitioner Adil Ali, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Gopalganj Town Police Station Case No. 443 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
Accordingly, the application stands disposed of. (Birendra Kumar, J) Mkr./- U T