Md. Shami Ahmad @ Shamim Namaji Abbasi @ Samim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4316 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== MD. SHAMI AHMAD @ SHAMIM NAMAJI ABBASI @ SAMIM SON OF LATE NEMAJI @ NAWANI RESIDENT OF VILLAGE - BHARWARA, P.S. - SINGHWARA, DISTRICT - DARBHANGA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Singhwara P.S. Case No. 116 of 2023 dated 06.06.2023 registered for the offence/s punishable u/ss 341, 323, 324, 307, 354B, 379 and 504 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and started abusing. When the informant protested, the petitioner assaulted him with Farsa on his head due to that he fell down. When the informant's wife came to rescue, the accused, Amanullah assaulted her with iron rod due to that she
Patna High Court CR. MISC. No.4316 of 2024(3) dt.28-02-2024 2/3 fell down. The other accused persons misbehaved with the daughter-in-law of the informant and snatched golden chain from the neck of the informant's wife.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that an altercation took place between the parties and the wife of the petitioner also sustained injuries. The informant sustained lacerated wound over perital region of head size 2x0.5cm, bruise of size 5x3cm over left arm which is stated to be grievous in nature caused by hard and blunt substance. The other injured sustained simple injury caused by hard and blunt substance. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Singhwara P.S. Case No. 116 of 2023, subject
Patna High Court CR. MISC. No.4316 of 2024(3) dt.28-02-2024 3/3 to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T