Patna High Court
Md. Firoz vs The State Of Bihar on 12 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31668 of 2020
Arising Out of PS. Case No.-182 Year-2019 Thana- SINGHWARA District- Darbhanga
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1. Md. Firoz, age-50 years, male, Son of Late Ramjani
2. Md. Neyaz, age-24 years, male, son of Md. Firoj
both Resident of Village- Bhakhara, P.S.- Singhwara, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abdul Mannan Khan, Advocate
For the State : Ms. Sucheta Yadav, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 12-02-2021
Heard Mr. Abdul Mannan Khan, learned counsel for
the petitioners and Ms. Sucheta Yadav, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
2. The petitioners apprehend arrest in connection with
Singhwara PS Case No. 182 of 2019 dated 20.11.2019,
instituted under Sections 341/323/325/307/379/34 of the Indian
Penal Code.
3. The allegation against the petitioners is of inflicting
Patna High Court CR. MISC. No.31668 of 2020 dt.12-02-2021
injuries on the informant. Against petitioner no. 1, it is specific
of assault on the head whereas against petitioner no. 2 it is on
the nephew of the informant on the hand.
4. Learned counsel for the petitioners submitted that
they have no other criminal antecedent and further that the story
is false and concocted as no such incident took place. Learned
counsel submitted that the present is a counter blast to
Singhwara PS Case No. 181 of 2019 filed by the petitioner no. 2
against the prosecution party under Sections
341/323/325/324/337/504/34 of the Indian Penal Code. Learned
counsel submitted that the injury report shows that there is
superficial injury on the hand of the nephew of the informant. It
was further submitted that there was free fight between the
parties and both sides have sustained injury.
5. Learned APP submitted that from the injury report
brought on record by the petitioners himself, the assault by the
petitioner no. 1 has resulted in seven stitches on the scalp of the
informant which clearly indicates that the injury was serious and
the intention was also to badly harm the informant by giving
blow on the head.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
Patna High Court CR. MISC. No.31668 of 2020 dt.12-02-2021
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner no. 2, namely Md. Neyaz 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 ACJM 5th, Darbhanga in
Singhwara PS Case No. 182 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 no. 2, namely Md. Neyaz, (ii) that the
petitioner no. 2, namely Md. Neyaz and the bailors shall execute
bond with regard to good behaviour of the petitioner no. 2,
namely Md. Neyaz, and (iii) that the petitioner no. 2, namely
Md. Neyaz shall cooperate with the Court and the
police/prosecution. Any violation of the terms and conditions of
the bonds or non-cooperation would lead to cancellation of his
bail bonds.
7. Prayer for pre-arrest bail of petitioner no. 1, namely
Md. Firoz, is rejected.
8. The application stands disposed off in the
aforementioned terms.
9. However, if the petitioner no. 1, namely Md. Firoz,
surrenders before the Court below and prays for bail within four
Patna High Court CR. MISC. No.31668 of 2020 dt.12-02-2021
weeks from today, the same shall be considered on its own
merits, in accordance with law, without being prejudiced by the
present order.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
