Md Tasdik vs The State Of Bihar
2021 Latest Caselaw 3947 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 20516 of 2021

       Arising Out of PS. Case No.-198 Year-2020 Thana- PUPRI District-Sitamarhi
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Md. Tasdik, aged about 25 years, Gender-Male, son of Md. Modassir,

resident of Village-Gaddha, Police Station-Pupri, District-Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s     :       Mr. Pushpendra Kumar Singh, Advocate
For the State            :       Mr. Atul Chandra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

28.07.2021, which was allowed.

3. Heard Mr. Pushpendra Kumar Singh, learned

counsel for the petitioner and Mr. Atul Chandra, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

4. The petitioner apprehends arrest in connection with Patna High Court CR. MISC. No. 20516 of 2021 dt.03-08-2021

Pupri PS Case No. 198 of 2020 dated 27.07.2020, instituted

under Sections 341/323/324/307/354/325/379/504/506/34 of the

Indian Penal Code.

5. The allegation against the petitioner and seven

others is of being armed with various weapons and of assault on

the informant side and specifically against the petitioner is that

he tried to inflict knife blow on the head of the injured Md.

Pyare but he saved himself and finally the knife is said to have

caused wound in his stomach.

6. Learned counsel for the petitioner submitted that as

per the FIR itself, the dispute was between co-accused Md.

Shaan and the informant and it is stated that Md. Shaan had

taken four packets of biscuit without paying and had threatened

that his grand-father was the Sarpanch and he along with others

had assaulted the informant, but the petitioner has no concern

with such dispute as he is not related to Md. Shaan. It was

submitted that only because he is a co-villager and known to

Md. Shaan, he has been made accused. Learned counsel

submitted that besides having no criminal antecedent, the injury

report of Md. Pyare clearly shows that there was only a

lacerated wound on right parietal region and no other wound

and the same was also caused by hard and blunt substance, Patna High Court CR. MISC. No. 20516 of 2021 dt.03-08-2021

which completely negates the allegation that he had inflicted

knife blow, firstly on the head and then causing injury in the

stomach. It was submitted that for the same incident Pupri PS

Case No. 199 of 2020 has been filed by co-accused Md. Chand

Alam under Sections 341,323,354,504,379/34 of the Indian

Penal Code against the informant side.

7. Learned APP submitted that the petitioner was also

party to the attack on the informant side. However, in view of

copy of the injury report of Md. Pyare who is said to have been

assaulted by the petitioner by knife, he could not controvert that

no injury on the stomach has been found and only lacerated

wound on the head has been found and that too caused by hard

blunt substance.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds substance in the contention of learned counsel for

the petitioner. It appears that there was fight for some dispute

between the informant and co-accused Md. Shaan and the

petitioner has also been named as being one of the persons who

had come in support of Md. Shaan and assaulted the informant

party and there being also a counter case and the specific and

direct allegation of knife attack on Md. Pyare by the petitioner Patna High Court CR. MISC. No. 20516 of 2021 dt.03-08-2021

on the head and thereafter causing injury in the stomach being

totally not corroborated by the injury report of the said Md.

Pyare, the Court is inclined to allow the prayer.

9. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned S.D.J.M., Pupri,

Sitamarhi in Pupri PS Case No. 198 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioner, and (iii) that the petitioner

shall cooperate with the Court and police/prosecution. Any

violation of the terms and conditions of the bonds or the

undertaking or non-cooperation shall lead to cancellation of his

bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the Patna High Court CR. MISC. No. 20516 of 2021 dt.03-08-2021

petitioner.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T