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2021 DIGILAW 459 (PAT)

Arashad Ali @ Arshad Ali v. State Of Bihar

2021-06-21

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing. 2. Heard Mr. Javed Aslam, learned counsel for the petitioners and Ms. Pushpa Sinha, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 3. The petitioners apprehend arrest in connection with Barhariya PS Case No. 243 of 2015 dated 02.08.2015, instituted under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. 4. The allegation against the petitioners, along with others is of assault by farsa, lathi, danda and rod and specifically against petitioner no. 1 of having given farsa blow on the head of the elder brother of the informant's husband and against petitioner no. 2, it is general and omnibus of assault. 5. Learned counsel for the petitioners submitted that after investigation, the police had not sent them up for trial showing them to be not involved but the Court had deferred and taken cognizance. It was submitted that the allegation of assault by farsa on the head is against petitioner no. 1, but against petitioner no. 2, it is general and omnibus of assault. It was submitted that the petitioners do not have any criminal antecedent. 6. Learned APP submitted that there is specific allegation of assault on the head against the petitioner no. 1, which is corroborated by the injury report where there is incised wound on the head and the CT report has found injury to be grievous caused by sharp edged weapon, as has been noticed by the learned Sessions Judge, Siwan in order dated 15.02.2020 passed in Anticipatory Bail Petition No. 176 of 2019, by which the prayer for anticipatory bail of the petitioners was rejected. 7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner no. 2 namely, Azaruddin @ Azruddin Ali, 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, Siwan in Barhariya PS Case No. 243 of 2015, 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 no. 2, (ii) that the petitioner no. 2 and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioner no. 2 and (iii) that the petitioner no. 2 shall co-operate with the police/prosecution and the Court. Any violation of the terms and conditions of the bonds or the undertaking or failure to co-operate shall lead to cancellation of his bail bonds. 8. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner no. 2, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner no. 2. 9. The prayer for pre-arrest bail of petitioner no. 1 namely, Arashad Ali @ Arshad Ali, stands rejected. 10. The application stands disposed off in the aforementioned terms.