Taufique Ahmad @ Md. Taufique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2677 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Taufique Ahmad @ Md. Taufique, son of Late Safi Ahmad, resident of Village-Naraul, P.S.-Chhauradano, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 127/2023, lodged on 08.05.2023 under Sections 341, 323, 324, 307, 380, 447, 504, 506,354B, 34, 302 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 7 named accused persons including the present petitioner. In the FIR, it has been alleged that the seven named accused persons have attacked the house of the informant. It is specifically alleged against the present petitioner that with a view to kill he had assaulted the wife of the informant on her head due to which bleeding started and subsequently, in the
Patna High Court CR. MISC. No.2677 of 2024(2) dt.31-01-2024 2/3 course of treatment, she died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, for the same place and date of occurrence, there is a case and counter case between the parties. The informant side has lodged Chhauradano P.S. Case No. 127/2023 against the petitioner's side whereas the petitioner's side has lodged Chhauradano P.S. Case No. 128/2023. He further submits that the petitioner is not a criminal rather at the spur of the moment, the dispute occurred from both sides. The petitioner is in custody since 08.03.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that in the FIR, it is clearly mentioned that specific allegation is against the present petitioner and there is mention about the injury report in the rejection order that the cause of death due to cardio cerebral damage consequent head injury.
6. Accordingly, the prayer for regular bail of the petitioner in connection with Chhauradano P.S. Case No. 127/2023, pending before the learned CJM, Motihari, East Champaran is hereby rejected.
7. However, the petitioner would be at liberty to
Patna High Court CR. MISC. No.2677 of 2024(2) dt.31-01-2024 3/3 renew the prayer for bail, nine months' after framing of charge.
8. With this observation, the bail application stands disposed of.
(Dr. Anshuman, J) Ashwini/- U T