Md Kajim Alias Md Kazim vs The State Of Bihar
2021 Latest Caselaw 4937 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 58825 of 2021
           Arising Out of PS. Case No.-233 Year-2020 Thana- LODIPUR District- Bhagalpur
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1. Md Kajim @ Md Kazim, aged about 50 years, Male Son of Late Md. Ismail @ Barku.

2. Md Hamayu @ Md Hemayu, aged about 18 years, Male Son of Md. Kajim @ Md. Kazim.

Both resident of Village - Near Masjid (Agar Pur), PS- Lodipur, District- Bhagalpur.

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

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

      For the Petitioner/s     :        Mr. Md. Mushtaque Alam, Advocate
      For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-10-2021

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, which was

allowed.

3. Heard Mr. Md. Mushtaque Alam, learned counsel for

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

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

4. The petitioners apprehend arrest in connection with

Lodipur PS Case No. 233 of 2020 dated 16.12.2020, instituted

under Sections 448, 341, 323, 308, 354, 504 and 506/34 of the

Indian Penal Code, 1860.

Patna High Court CR. MISC. No.58825 of 2021 dt.08-10-2021

5. The allegation against the petitioners and another

person is of assault on the informant, his wife and son and

specifically against co-accused Md. Aman, of hitting the

informant by iron rod on head resulting in injury.

6. Learned counsel for the petitioners submitted that the

allegation against them is general and omnibus and specifically

against co-accused Md. Aman is of hitting by iron rod on the head.

It was submitted that the order of the learned 3 rd Additional

Sessions Judge-cum- Special Judge (SC/ST Act), Bhagalpur in

ABP No. 1436 of 2021 dated 07.09.2021, it has been noted that

there was fracture of right frontal bone, orbital roof, lamina

papyreacca and nasal bone on the informant, the same being

attributable to co-accused Md. Aman and the petitioners have been

falsely implicated. It was submitted that the petitioners have no

other criminal antecedent.

7. Learned APP submitted that the allegation against the

petitioners also is of assault. However, it was not controverted that

the injury which has been found on the informant is specifically

attributed to co-accused Md. Aman and not the petitioners herein.

8. Having considered the facts and circumstances of the

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

there being general and omnibus allegation of attack and one Patna High Court CR. MISC. No.58825 of 2021 dt.08-10-2021

injury on the head being specifically attributable to another co-

accused, as has been noted in the order of the Court below and the

petitioners not having any other criminal antecedent, the Court is

inclined 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 ACJM-IX, Bhagalpur in

Lodipur PS Case No. 233 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-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.

Patna High Court CR. MISC. No.58825 of 2021 dt.08-10-2021

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T