Md. Jassem vs The State Of Bihar
2021 Latest Caselaw 3206 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 2091 of 2021
         Arising Out of PS Case No.-349 Year-2020 Thana- SITAMARHI District- Sitamarhi
     ======================================================

1. Md. Jassem, Male, aged about 35 years, Son of Md. Jainul Raien.

2. Md. Mustafa, Male, aged about 45 years, Son of Md. Jainul Raien.

Both are resident of Village - Mehsaul Purbi, Ward No. 6, Police Station - Sitamarhi, District - Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :        Mr. Ajay Kumar Thakur, Advocate
     For the State           :        Mr. Jagdhar Prasad, APP
     For the Informant       :        Mr. Shankar Kumar, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-07-2021

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

02.07.2021, which was allowed.

3. Heard Mr. Ajay Kumar Thakur, learned counsel for

the petitioners; Mr. Jagdhar Prasad, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Shankar Kumar, learned counsel for the informant.

4. The petitioners apprehend arrest in connection with

Sitamarhi PS Case No. 349 of 2020 dated 10.07.2020, instituted Patna High Court CR. MISC. No.2091 of 2021 dt.08-07-2021

under Sections 341, 323, 324, 307, 504 and 302/34 of the Indian

Penal Code.

5. The allegation against the petitioners and others is of

assaulting the informant and his other relatives and specifically

against the petitioners is that they had assaulted by iron rod one

Md. Neyaz and further that due to the assault by others, one

person also died.

6. Learned counsel for the petitioners submitted that

though there is allegation against the petitioners and others of

being at the place of occurrence when other co-accused had

assaulted Md. Chand, Md. Saddam and Md. Aftab and others but

specifically against the petitioners is only that they had assaulted

by iron rod Md. Neyaz. It was submitted that the injury report of

Md. Neyaz reveals that only lacerated wound on right elbow, ½

inch x ¼ inch, skin deep has been found, which is simple in nature

caused by hard blunt substance. It was submitted that the

petitioners have no criminal antecedent.

7. Learned APP submitted that the petitioners were part

of a larger group which had assaulted others also and one person

had died due to such assault and, thus, they are equally

responsible for such death.

Patna High Court CR. MISC. No.2091 of 2021 dt.08-07-2021

8. Learned counsel for the informant submitted that

there was common intention of all and even if the petitioners are

not alleged to have specifically assaulted the deceased, they had

common intention and in pursuance of that intention, death had

occurred. It was submitted that two other accused have been

granted regular bail by the Court and in the present case after

submission of charge-sheet, trial has commenced under Trial No.

105 of 2021, of the said two arrested persons has begun after

framing of charge.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, 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, Sitamarhi in Sitamarhi PS Case

No. 349 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 with

regard to good behaviour of the petitioners, and (iii) that the

petitioners shall also give an undertaking to the Court that they Patna High Court CR. MISC. No.2091 of 2021 dt.08-07-2021

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of their

bail bonds. The petitioners shall cooperate in the case and be

present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of their bail bonds.

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

violation of the foregoing conditions of bail 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 off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T