False implication of Pre-Occurred Injuries upon the Petitioners as been caused by them by the Informant: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 588221 Arising Out of PS. Case No. 233 Year 2020 Thana LODIPUR District Bhagalpur 1. Md Kajim @ Md Kazim aged about 50 years Male Son of Late Md. Ismail Barku. 2. Md Hamayu @ Md Hemayu aged about 18 years Male Son of Md. Kajim Md. Kazim Both resident of Village Near MasjidPS Lodipur District The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Mr. Md. Mushtaque Alam Advocate Mr. Md. Arif APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08 10 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 3. Heard Mr. Md. Mushtaque Alam learned counsel for the petitioners and Mr. Md. Arif learned Additional Public Prosecutorfor the State 4. The petitioners apprehend arrest in connection with Lodipur PS Case No. 233 of 2020 dated 16.12.2020 instituted under Sections 448 341 323 308 354 504 and 506 34 of the Indian Penal Code 1860 Patna High Court CR. MISC. No.588221 dt.08 10 2021 5. The allegation against the petitioners and another person is of assault on the informant his wife and son and specifically against co accused Md. Aman of hitting the informant by iron rod on head resulting in injury 6. Learned counsel for the petitioners submitted that the allegation against them is general and omnibus and specifically against co accused Md. Aman is of hitting by iron rod on the head It was submitted that the order of the learned 3rd Additional Sessions Judge cum Special Judge Bhagalpur in ABP No. 14321 dated 07.09.2021 it has been noted that there was fracture of right frontal bone orbital roof lamina papyreacca and nasal bone on the informant the same being attributable to co accused Md. Aman and the petitioners have been falsely implicated. It was submitted that the petitioners have no other criminal antecedent 7. Learned APP submitted that the allegation against the petitioners also is of assault. However it was not controverted that the injury which has been found on the informant is specifically attributed to co accused Md. Aman and not the petitioners herein 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in view of there being general and omnibus allegation of attack and one Patna High Court CR. MISC. No.588221 dt.08 10 2021 injury on the head being specifically attributable to another co accused as has been noted in the order of the Court below and the petitioners not having any other criminal antecedent 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 petitioners 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 ACJM IX Bhagalpur in Lodipur PS Case No. 2320 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners andthat they 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 10. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners Patna High Court CR. MISC. No.588221 dt.08 10 2021 11. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The Petitioners alleged of hitting the informant hard on the head with an iron rod were granted bail on finding that there existed pre- occurred injuries on the informant’s head and body. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Md Kajim and others v. The State of Bihar[Criminal Miscellaneous No. 58825 of 2021].  The facts of the case were that the Petitioners were apprehended arrest in connection with the Case, instituted under Sections 448, 341, 323, 308, 354, 504, and 506/34 of the Indian Penal Code, 1860. It was alleged that the petitioners and another person assaulted the informant, his wife, and his son. The contentions are specifically against the co-accused of hitting with an iron rod on the head resulting in injury. The Learned Counsel for the Petitioners submitted that all the allegations against them were general and omnibus and specifically against the co-accused of hitting by iron rod on the head. It has been noted that there was fracture of the right frontal bone, orbital roof, lamina, and nasal bone on the informant, the same being attributable to co-accused and the petitioners have been falsely implicated. It was submitted that the petitioners have no other criminal antecedent. The Learned Additional Public Prosecutor submitted that the allegations that are made against the petitioners are also of the assault. However, it wasn’t conflicted that there existed the pre occurred injuries on the informant’s head and body. The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of there being general and omnibus allegation of attack and one injury on the head being specifically attributable to another coaccused, as has been noted in the order of the Court below and the petitioners not having any other criminal antecedent, the Court is inclined to allow the prayer for pre-arrest bail.” The Petitioners were hence granted bail on the conditions of cooperating with the police and court. If they committed any other illegal or violating activities to the Law then the bail shall be denied. The Petition was disposed of on the mentioned terms.