Kashim Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83638 of 2025 Arising Out of PS. Case No.-224 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Kashim Gaddi, S/o Hiffajat Gaddi, R/o Village- Gad Bahuari, P.S- Palanwa, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Palanwa P.S. Case No. 224 of 2023 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.
3. The allegation against the petitioner is of causing assault to the informant by means of fists and slap along with other co-accused persons. When the son of the informant came to his rescue, he was also assaulted by means of Lathi, Danda and Farsa. There is specific allegation against co-accused Munna Gaddi, who has assaulted the informant and his son by means of Farsa.
4. Learned Advocate for the petitioner taking this Court through the F.I.R. contended that there is omnibus nature
Patna High Court CR. MISC. No.83638 of 2025(2) dt.03-12-2025 2/3 of allegation against all the F.I.R. named accused persons, except one Munna Gaddi; moreover, the injuries, which are allegedly sustained to the informant and his son, the same are found to be simple in nature. Taking note of the aforesaid fact, the other co-accused persons, who are facing identical allegation, have been allowed the privilege of bail by a Bench of this Court in Cr. Misc. No.79054 of 2024 vide order dated 02.12.2024, the copy of which is marked as Annexure-P/3.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner bears one criminal antecedent.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the simple nature of injury and the case of the petitioner stands on parity, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Palanwa P.S. Case No.
Patna High Court CR. MISC. No.83638 of 2025(2) dt.03-12-2025 3/3 224 of 2023, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T