Danish vs The State Of Bihar
2021 Latest Caselaw 4461 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.5457 of 2021
Arising Out of PS. Case No.-340 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua)
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Danish (Male), aged about 24 years, Son of Md. Kyamudin Rayeen, Resident of Village- Bhabua, Ward No-8, P.S-Bhabua, District- Kaimur at Bhabua

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

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the State : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-09-2021

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 petitioner, which

was allowed.

3. Heard Mr. Tribhuwan Narayan, learned counsel for

the petitioner and Mr. Mritunjay Kumar Nirala, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

4. The petitioner apprehends arrest in connection with

Bhabua PS Case No. 340 of 2020 dated 10.06.2020, G.R. No.

1069 of 2020, instituted under Sections 341/323/307/379/427/

504/34 of the Indian Penal Code.

5. As per the FIR, two persons on a motorcycle had Patna High Court CR. MISC. No.5457 of 2021 dt.04-09-2021

driven over the feet of the informant and upon objection, the

petitioner, who was driving the motorcycle had assaulted him

with iron weight on the back. It is further stated that after that

both the persons had threatened the informant that they would

show him when the informant comes to his house and when the

informant was going to his house, the petitioner along with 7-5

persons was standing and had surrounded him and had assaulted

him with lathi and danda and the petitioner is said to have

assaulted on the head by sharp edged iron weapon resulting in

injury.

6. Learned counsel for the petitioner submitted that the

injuries have been found to be simple and only with regard to

one injury, opinion has been reserved for X-ray, but till date the

same has not been submitted. It was further submitted that the

parties live in the same locality and have compromised the

matter and good relationship has been restored. Learned counsel

submitted that peace may be disturbed if the petitioner is made

to suffer adverse consequences of the present case. Summing up

his arguments, learned counsel submitted that the petitioner does

not have any other criminal antecedent.

7. Learned APP submitted that the petitioner has also

brutally assaulted the informant and has hit him on the head and Patna High Court CR. MISC. No.5457 of 2021 dt.04-09-2021

injury report shows that there was injury on the head.

8. Having considered the facts and circumstances of

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

view of the fact that the genesis of the occurrence, as per the

FIR itself, is of the motorcycle driven by the petitioner running

over the feet of the informant and the injury report disclosing

simple injury due to assault by the petitioner and 7-5 others as

also there being compromise and the parties living in the same

locality, as also the petitioner not having any other criminal

record and good relations having been restored between the

parties, 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

petitioner 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 Chief Judicial

Magistrate, Kaimur at Bhabua in Bhabua PS Case No. 340 of

2020 corresponding to G.R. No. 1069 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, (ii) that the petitioner and the Patna High Court CR. MISC. No.5457 of 2021 dt.04-09-2021

bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioner, and (iii) that the petitioner

shall cooperate with the Court and the police/prosecution. Any

violation of the terms and conditions of the bonds or the

undertaking or non-cooperation shall lead to cancellation of his

bail bonds.

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

any violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T