The Court declined pre-arrest bail to the petitioners after being arrested under Sections 341, 323, 324, 307, 379, 354, 504, 506/34IPC: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.142321 Arising Out of PS. Case No. 420 Year 2020 Thana RANIGANJ District Araria 1. Hasnain aged about 42 years male S o late Dost Mohammad 2. Md. Qaunain @ Qonain aged about 37 years male S o late Dost Both resident of village Kadwa P.S. RaniganjDistt Araria ... Petitioner s The State Of Bihar For the Petitioner s For the State Mr. Nafisuzzoha Advocate Mr. Rajendra Nath Jha APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ... Opposite Party s Date : 12 07 2021 The matter has been heard via video conferencing. 2. Heard Mr. Nafisuzzoha learned counsel for the petitioners and Mr. Rajendra Nath Jha learned Additional Public Prosecutorfor the 3. The petitioners apprehend arrest in connection with Raniganj PS Case No. 420 of 2020 dated 19.08.2020 instituted under Sections 341 323 324 307 379 354 504 506 34 of the Indian Penal Code 4. The allegation against the petitioners is of assault on the informant and his cousin on the head leading to injury due to previous dispute between them. Patna High Court CR. MISC. No.142321 dt.12 07 2021 5. Learned counsel for the petitioners submitted that there was a Panchayati on the fateful day and the occurrence occurred there and there was a free fight and both sides had suffered injury and further RaniganjPS Case No. 4420 has also been filed by the wife of the petitioner no. 2 against the informant and others. It was submitted that the injury reports has not given any specific opinion and the same has been kept reserved for the report of the CT scan of the brain Learned counsel submitted that the petitioners have been falsely 6. Learned APP from the case diary submitted that the injury on the head has been caused by assault by the petitioners as has been specifically alleged in the FIR and the injury reports disclose one stitched wound on the head and forehead of Md. Akbar and one stitched wound on right parietal region of Shahnawaz 7. At this juncture when the Court made query to learned APP with regard to the specific direction that all the injury report(s) including the final report(s) be obtained from the Superintendent of Police Araria he submitted that the same is not there. On a further query as to whether he has taken instructions from the Superintendent of Police Araria with Patna High Court CR. MISC. No.142321 dt.12 07 2021 regard to procuring the final report(s) he submitted that he has not done so 8. The Court can only comment on the unfortunate situation where the specific directions of the Court are not complied with and the same results in wastage of Court’s time and also lack of proper assistance to the Court 9. Be that as it may the Court would not cause any further wastage of it’s time 10. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties the Court is not inclined to grant pre arrest bail to the petitioners 11. Accordingly the petition stands dismissed 12. Interim protection given to the petitioner under order dated 15.06.2021 stand vacated. 13. However in view of submission of learned counsel for the petitioners in the event they appear before the Court below and pray for bail the same shall be considered on its own merits in accordance with law without being prejudiced by the present order. (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioners were arrested under Section 341 of the Indian Penal Code, “Punishment for wrongful restraint.”, section 323, “Punishment for voluntarily causing hurt”, Section  324, “Voluntarily causing hurt by dangerous weapons or means”, section 307, “Attempt to murder”, section 379, “Punishment for theft”. Section 354, “Assault or criminal force to woman with intent to outrage her modesty”, section 504, “ Intentional insult with intent to provoke breach of the peace”, section  506, “Punishment for criminal intimidation”, section 34IPC, “Acts done by several persons in furtherance of common intention” This is in connection with Raniganj (RS) PS Case No. 420 of 2020 dated 19.08.2020. This Judgment was given in the high court of Judicature at Patna by honorable Mr. Justice Ahsanuddin Amanullah on the 12th of July 2021 in the case of  Hasnain versus the state of Bihar criminal miscellaneous No.14230 of 2021, Mr. Nafisuzzoha represented as the advocate for the petitioner and Mr. Rajendra Nath represented the state of Bihar as the additional Public Prosecutor, the proceedings of the court were held through a video conference. The following are the facts of the case, the petitioner was accused of assaulting the informant and his cousin due to some previous dispute between them which resulted in a head injury. The counsel for the petitioners submitted that this incident occurred during a Panchayati and there was a free fight between both the parties and both the parties sustained injuries, where the wife of the petitioner has also filed a case against the informant in Raniganj (RS OP) PS Case No. 443 of 2020 when an inquiry for the injury report was made the same had been kept reserved and the counsel conceded that the petitioners have been falsely implicated by the informants and pray for bail before this high court. The Additional Public Prosecutor submitted that the injury was caused due to the assault by the petitioners and according to the injury reports it was disclosed that one stitched wound on the head and forehead of the informant and one stitched wound on the right parietal region for the other informant The court concluded that “Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioners. Accordingly, the petition stands dismissed.  Interim protection is given to the petitioner under order dated 15.06.2021 stands vacated.  However, in view of the submission of learned counsel for the petitioners, in the event they appear before the Court below and pray for bail, the same shall be considered on its own merits, in accordance with the law, without being prejudiced by the present order.”