Patna High Court
Md. Abdul Rub vs The State Of Bihar on 21 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 1991 of 2021
Arising Out of PS. Case No.-103 Year-2020 Thana- GURUA District- Gaya
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1. Md. Abdul Rub, aged about 55 years, Male, Son of Late Abdul Halein.
2. Md. Suhail, aged about 30 years, Male, Son of Abdul Rub.
3. Md. Nehal, aged about 28 years, Male, Son of Abdul Rub.
All resident of Village-Bazuu Bigha, PS-Guraru, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Rina Sinha, Advocate
For the State : Mr. Md. Ataur Rahman, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 21-08-2021
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 petitioners on
09.08.2021, which was allowed.
3. Heard Ms. Rina Sinha, learned counsel for the
petitioners and Mr. Md. Ataur Rahman, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
4. The petitioners apprehend arrest in connection with
Guraru PS Case No. 103 of 2020 dated 01.09.2020, instituted
under Sections 147, 148, 149, 323, 341, 325, 307, 504, 506 of the
Indian Penal Code and 27 of the Arms Act, 1959.
Patna High Court CR. MISC. No.1991 of 2021 dt.21-08-2021
5. The allegation against the petitioners is that upon call
by petitioner no. 1 to kill, the petitioner no. 3 assaulted the
informant on the head by countrymade pistol and the petitioner
no. 2 had fired, but the informant somehow managed to save
himself.
6. Learned counsel for the petitioners submitted that the
real cause has not been mentioned, though it has been indicated
that there was some fight between the children of the two sides
two days prior to the incident, but the fact is that a scuffle took
place between the petitioner no. 3 and the maternal nephew of the
informant, who used to tease the daughter/sister of the petitioners.
Learned counsel submitted that the injury report shows simple
injury on the head as only a small lacerated wound was found, and
though in the X-ray, there is fracture of 5th phalange i.e., the little
finger of the right hand, but assault on the same has not been
attributed to the petitioners. It was submitted that the petitioners
have no other criminal antecedent. Further, it was submitted that
there has been neither any recovery of empty cartridge nor firearm
injury on any person, including the informant.
7. Learned APP submitted that the petitioners had
assaulted the informant.
Patna High Court CR. MISC. No.1991 of 2021 dt.21-08-2021
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
finds that the genesis in the FIR itself has been shown to be some
difference between the children of the two sides two days prior to
the incident and there being simple wound on the head which is
the only specific overt act alleged against the petitioner no. 3 by
his countrymade pistol and the petitioner no. 1 only having
alleged to have ordered to kill and against petitioner no. 2 of firing
but not causing any injury, as also the petitioners having no
criminal antecedent, the Court is persuaded to allow the prayer for
pre-arrest bail.
9. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs. 25,000/-
(twenty five thousand) each with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Gaya in Guraru PS Case No. 103 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 petitioners, (ii) that the petitioners and the
bailors shall execute bond and give undertaking with regard to
good behaviour of the petitioners and (iii) that they shall co-
Patna High Court CR. MISC. No.1991 of 2021 dt.21-08-2021
operate with the Court and police/prosecution. Any violation of
the terms and conditions of the bonds or the undertaking or failure
to co-operate shall lead to cancellation of their bail bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions by the petitioners, to the
notice of the Court concerned, which shall take immediate action
on the same after giving opportunity of hearing to the petitioners.
11. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
