[email protected] Afroj Alam vs The State Of Bihar
2021 Latest Caselaw 4778 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 40921 of 2020
           Arising Out of PS. Case No.-110 Year-2020 Thana- DHAMDAHA District- Purnia
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1. Md.Afroj @ Md. Afroj Alam, aged about 40 years, Gender-Male, Son of Md. Aslam.

2. Md. Parwez, aged about 30 years, Gender-Male, Son of Md. Aslam.

3. Md. Javed, aged about 35 years, Gender-Male, Son of Late Kaiyum.

4. Md. Aslam, aged about 55 years, Gender-Male, Son of Late Usman.

All resident of Village - Choti Tarauni, Muslim Tola, PS- Dhamdaha, District- Purnia.

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the State : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-09-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bhola Prasad, learned counsel for the

petitioners and Mr. Pawan Kumar Chaurasia, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. Learned counsel for the petitioners submitted that

earlier petition on behalf of petitioners no. 2 and 4, namely, Md.

Parwez and Md. Aslam, had already been disposed of as

withdrawn as they have been arrested and is now restricted to Patna High Court CR. MISC. No.40921 of 2020 dt.24-09-2021

petitioners no. 1 and 3, namely, Md. Afroj @ Md. Afroj Alam and

Md. Javed.

4. The petitioners no. 1 and 3 apprehend arrest in

connection with Dhamdaha PS Case No. 110 of 2020 dated

24.05.2020, instituted under Sections 323, 341, 342, 324, 325,

504, 506/34 of the Indian Penal Code.

5. The allegation against the petitioners and others is

of assault on the informant side resulting in injuries to five

persons.

6. Learned counsel for the petitioners submitted that

the petitioners' side has also lodged Dhamdaha PS Case No. 109

of 2020, against the informant and others for the same incident.

It was submitted that the dispute was with regard to loading of

maize from the field of the petitioners and the tractor which he

had called for taking the maize was tried to be forcibly taken by

the informant side for loading maize from their field due to which

a skirmish occurred at the spur of the moment without

any premeditation in which both the sides have suffered injuries.

It was submitted that the injuries on the side of the informant are

simple in nature caused by hard blunt substance and only one

lacerated wound on the head is said to have been grievous on

the victim Md. Shahid.

Patna High Court CR. MISC. No.40921 of 2020 dt.24-09-2021

7. The Court had earlier called upon learned APP to

obtain the up-to-date legible photo copy of the entire case diaries

of Dhamdaha PS Case No. 109 of 2020 and Dhamdaha PS Case

No. 110 of 2020, along with the injury reports of the victims in

both the cases, from the Superintendent of Police, Purnia. The

same have been received.

8. Learned counsel for the petitioners no. 1 and 3

submitted that from the FIR itself it is clear that the petitioners no.

1 and 3 are said to have come at the site armed with lathi and

danda and thereafter, other accused persons had come who were

variously armed and in that sequence it has been stated that all the

accused had assaulted by iron rod on the informant due to which

his hand was fractured. Learned counsel submitted that from the

FIR itself, it is clear that the petitioners had only lathi and danda

in their hand and, thus, they not having iron rod, at least they were

not the assailants who had caused such injury on the head of the

informant. Learned counsel submitted that the petitioners have no

other criminal antecedent and have been falsely implicated due to

land dispute. Learned counsel further submitted that it was the

informant's side who were the aggressors and in reality, the

petitioners' side were the victims.

Patna High Court CR. MISC. No.40921 of 2020 dt.24-09-2021

9. Learned APP, from the case diary, submitted that

though there is grievous injury on the informant but it was not

controverted that the allegation is that he was assaulted by iron

rod which is not attributed to the petitioners no. 1 and 3 as they

had only lathi and danda in their hand.

10. Having considered the facts and circumstances of

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

view of the specific allegation against petitioners no. 1 and 3 that

they were armed with lathi and danda and had abused the

informant and other co-accused were variously armed, and the

assault being alleged to be by iron rod, which was not in the

possession of the petitioners no. 1 and 3 and they not having any

criminal antecedent, the Court is inclined to allow their prayer for

pre-arrest bail.

11. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner

no. 1, namely, Md. Afroj @ Md. Afroj Alam and petitioner no. 3,

namely, Md. Javed 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, Purnia in Dhamdaha PS Case No. 110 of

2020, subject to the conditions laid down in Section 438(2) of the Patna High Court CR. MISC. No.40921 of 2020 dt.24-09-2021

Code of Criminal Procedure, 1973 and further, (i) that one of the

bailors shall be a close relative of the petitioners no. 1 and 3, (ii)

that the petitioners no. 1 and 3 and the bailors shall execute bond

and give undertaking with regard to good behaviour of the

petitioners no. 1 and 3 and (iii) that the petitioners no. 1 and 3

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.

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

violation of the foregoing conditions by the petitioners no. 1 and

3, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the petitioners no. 1 and 3.

13. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T