Patna High Court
Awasar Dewan @ Asar Dewan vs The State Of Bihar on 17 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 3363 of 2021
Arising Out of PS. Case No.-377 Year-2020 Thana- MAJHAULIA District- West Champaran
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1. Awasar Dewan @ Asar Dewan, aged about 29 years, Male.
2. Fariyad Dewan, aged about 23 years, Male.
3. Reyajul Dewan, aged about 26 years, Male.
4. Zazul Dewan, aged about 19 years, Male.
All of them are Sons of Md. Muslim.
5. Muslim Dewan, aged about 68 years, Male Son of Late Khader Dewan.
All are Resident of Village - Dewan Toli, Ward No.4, PS- Majhaulia,
District- West Champaran (Bettiah).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nasrul Hoda Khan, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Umesh Chandra Verma, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 17-09-2021
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 petitioners, which was
allowed.
3. Heard Mr. Nasrul Hoda Khan, learned counsel for the
petitioners; Mr. Jharkhandi Upadhyay, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State and
Mr. Umesh Chandra Verma, learned counsel for the informant.
Patna High Court CR. MISC. No.3363 of 2021 dt.17-09-2021
4. Learned counsel for the petitioners submitted that
during pendency of the case, petitioners no. 2 and 5 have
surrendered and, thus, he may be permitted to withdraw the
petition on their behalf.
5. In view thereof, the petition stands disposed of as
withdrawn as far as petitioners no. 2 and 5, namely, Fariyad
Dewan and Muslim Dewan are concerned and is restricted to
petitioners no. 1, 3 and 4, namely, Awasar Dewan @ Asar Dewan,
Reyajul Dewan and Zazul Dewan.
6. The petitioners apprehend arrest in connection with
Majhaulia PS Case No. 377 of 2020 dated 01.06.2020, instituted
under Sections 341, 323, 324, 379, 307 and 504 of the Indian
Penal Code, 1860.
7. The allegation against the petitioners and others is of
assault on the informant and his brother and specifically against
the petitioner no. 1 that he had taken 1 kg. of apple from the cart
of the informant and when he refused to pay, he had abused him.
Further, against the petitioner no. 3, the allegation is that he had
taken away Rs. 4,000/- cash from the cart of the informant
whereas, against petitioner no. 4, there is only general and
omnibus allegation of assault without any specific overt act
attributed to him.
Patna High Court CR. MISC. No.3363 of 2021 dt.17-09-2021
8. Learned counsel for the petitioners no. 1, 3 and 4
submitted that the issue is trivial in nature and has been blow out
of proportion with mala fide intention. It was submitted that the
allegation, as far as the petitioners are concerned, is not of any
assault on any person. It was submitted that there is no other
criminal antecedent of the petitioners. Further, it was submitted
that even the injury suffered by the informant, though attributed to
other co-accused is simple in nature.
9. Learned APP submitted that the petitioner no. 1 had
taken apple from the cart of the informant and not paid to him and
petitioner no. 3 had taken away Rs. 4,000/- cash and the petitioner
no. 4 was also party to the general assault.
10. Learned counsel for the informant submitted that all
the accused, including the petitioners no. 1, 3 and 4, who are
brothers, had taken part in the assault. However, it was not denied
that against petitioner no. 1, the only specific allegation is of
taking 1 kg. of apple; against petitioner no. 3 that he snatched Rs.
4,000/- cash and general and omnibus against petitioner no. 4.
Learned counsel submitted that though the allegation of assault on
the informant is specificially against petitioner no. 2, who is no
more a petitioner herein, the same has resulted in damage in the
skull and in the CT scan of the brain, grievous injuries have been
Patna High Court CR. MISC. No.3363 of 2021 dt.17-09-2021
found which are not reflected in the initial injury report on which
learned counsel for the petitioners has relied, though it was not
denied that the same is specifically attributed to petitioner no. 2,
who has already surrendered before the Court below.
11. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
view of the nature of the allegations as also that the petitioners no.
1, 3 and 4 do not have any criminal antecedent, the Court is
inclined to allow their prayer for pre-arrest bail.
12. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the petitioner
no. 1, namely, Awasar Dewan @ Asar Dewan; petitioner no. 3,
namely, Reyajul Dewan and petitioner no. 4, namely, Zazul
Dewan 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, Bettiah in Majhaulia PS Case No. 377 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 said petitioners, (ii) that the said
petitioners and the bailors shall execute bond and give
undertaking with regard to good behaviour of the said petitioners
Patna High Court CR. MISC. No.3363 of 2021 dt.17-09-2021
and (iii) that the said petitioners 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.
13. It shall also be open for the prosecution to bring any
violation of the foregoing conditions by the said petitioners, to the
notice of the Court concerned, which shall take immediate action
on the same after giving opportunity of hearing to the concerned
petitioners.
14. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
