Akash @ Mohammad Faiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89531 of 2024 Arising Out of PS. Case No.-709 Year-2024 Thana- NAWADA District- Nawada ====================================================== Akash @ Mohammad Faiyaz S/o Md. Imteyaz R/o Badi Dargah, Nawada, P.S. - Nawada Town, Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar , Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 307, 379, 504, 506 and 34 of the Indian Penal Code .
3 . As per the prosecution case , on the alleged date and time of occurrence , all the F.I.R., named accused persons including this petitioner assaulted three brother of informant on account of which they sustained injury .
4. Learned counsel for the petitioner submits that informant is not an eye witness to the alleged occurrence . No such occurrence as alleged has ever taken place . As a matter of fact, due to dispute over loading and unloading of passengers, some altercation took place among the Toto Drivers including
Patna High Court CR. MISC. No.89531 of 2024(3) dt.05-02-2025 2/2 this petitioner and brothers of informant. He further submits that in the aforesaid incident petitioner also suffered injury . Allegation of assault is general and omnibus against this petitioner. Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Nawada in connection with Nawada Town P.S. case No. 709 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T