Meraj Ansari @ Meraj Alam vs The State Of Bihar
2021 Latest Caselaw 4879 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.4739 of 2021
        Arising Out of PS. Case No.-196 Year-2020 Thana- DHAKA District- East Champaran
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1. Meraj Ansari @ Meraj Alam, aged about 22 years (Male), son of Sagir Ansari.

2. Devendra Mahto @ Devendra Kumar Mehta, aged about 24 years (Male), son of Puneet Mahto.

Both resident of Village- Ramji Dubey Tola, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :        Mr. Mohammad Sufyan, Advocate
     For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-10-2021

Heard Mr. Mohammad Sufyan, learned counsel for

the petitioners and Mr. Md. Arif, learned Additional Public

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

2. The petitioners apprehend arrest in connection with

Dhaka PS Case No. 196 of 2020 dated 31.05.2020, instituted

under Sections 341, 323, 324, 307, 379, 506/34 of the Indian

Penal Code.

3. The allegation against the petitioners and others is

of assault by various arms including knife and specifically

against the petitioner no. 1 that he had inflicted knife blow on

the son of the informant, whereas, against the petitioner no. 2, it Patna High Court CR. MISC. No.4739 of 2021 dt.05-10-2021

is stated that he was holding the son of the informant while

others were stabbing him by knife and further snatching of

Rs.12,000/- from the pocket of the informant.

4. Learned counsel for the petitioners submitted that a

totally false and fabricated case has been lodged for the reason

that the informant has dispute with co-accused, Md.

Rahmatullah, and the petitioners had participated in the

panchayati in support of Md. Rahmatullah due to which they

have been falsely implicated. Learned counsel drew the

attention of the Court to Annexure-2, which is the copy of the

injury report of the son of the informant which discloses only

one lacerated wound on the head and the knee but the X-ray

found no bone injury and has been classified as simple in nature.

Further, it was submitted that the incident is said to have taken

place on 30.05.2020 at 7.00 PM, but the FIR has been lodged on

31.05.2020 at 3.00 PM. Learned counsel submitted that there

has been no injury caused on the informant as no such report is

available on record. Further, it was submitted that the petitioners

have no other criminal antecedent.

5. Learned APP submitted that as per the allegation,

the petitioner no. 1 has given knife blow and the petitioner no. 2

has held the victim and also snatched Rs.12,000/-. However, in Patna High Court CR. MISC. No.4739 of 2021 dt.05-10-2021

view of the injury report, it was not controverted that the

allegation in the FIR is not corroborated by the injury report.

6. Having considered the facts and circumstances of

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

view of the allegation in the FIR not corroborated by the injury

report, no injury report of the informant and the petitioners

having clean antecedent, the Court is inclined to allow their

prayer for pre-arrest bail.

7. 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 Sub-

Divisional Judicial Magistrate, Sikarhana at Dhaka, in Dhaka PS

Case No. 196 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 the petitioners shall cooperate with the

Court and the police/prosecution. Any violation of the terms and

conditions of the bonds or undertaking or failure to cooperate Patna High Court CR. MISC. No.4739 of 2021 dt.05-10-2021

shall lead to cancellation of their bail bonds.

8. 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.

9. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T