Patna High Court – Orders
Md. Isfaq @ Ashfaq Ahamad vs The State Of Bihar on 29 January, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90225 of 2024
Arising Out of PS. Case No.-374 Year-2024 Thana- DEHRI TOWN District- Rohtas
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1. Md. Isfaq @ Ashfaq Ahamad S/o- Md. Yaseen @ Md. Yasim Mohalla- Patel
Gali ward no 17 PS- Dehri District-Rohtas
2. Najma Khatoon W/o- Md Isfaq @ Ashafq Ahmad Mohalla- Patel Gali ward
no 17 PS- Dehri District-Rohtas
3. Md. Gurfan @ Md. Gurfan Ahamad @ Gufran Ahmad S/o- Isfak @ Md.
Ashfaq Ahmad @ Md. Isfaq Mohalla- Patel Gali ward no 17 PS- Dehri
District-Rohtas
4. Md. Irfan S/o- Md. Isfaq @ Md. Ashfaq Ahmad Mohalla- Patel Gali Ward
NO 17 PS- Dehri District-Rohtas
5. Md. Irshad @ Md. Irshad Ahamad S/o- Isfaq @ Md. Ashfaq Ahmad
Mohalla- Patel Gali Ward NO 17 PS- Dehri District-Rohtas
6. Md. Kaif S/o- Md. Ishfaq @ Ashafaq Ahmad Mohalla- Patel Gali Ward NO
17 PS- Dehri District-Rohtas
7. Md. Kaish S/o- Md. Isfaq @ Ashfaq Ahmad Mohalla- Patel Gali Ward NO
17 PS- Dehri District-Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhaskar Shankar
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 29-01-2025
1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Dehri Town Police Station Case No. 374 of 2024,
dated 05.06.2024, disclosing offences punishable under
Sections 307/354/341/323/324/34 of the Indian Penal
Code.
3. The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.90225 of 2024(2) dt.29-01-2025
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is that on 02.06.2024, while the informant was taking
water from the hand-pump situated in the courtyard of the
house, the petitioners, armed with lathi, danda, iron rod,
came there and started assaulting the informant and when
the daughter-in-law of the informant intervened to save
him, the petitioners also assaulted her. It has further been
alleged that on 03.06.2024, in the morning, when the
informant was going to the Police Station in order to
report the incident, the petitioners surrounded her and
started abusing her. When objected by the informant, the
petitioner no. 4 assaulted the son of the informant by iron
rod on his head, due to which he sustained head injury.
The petitioner no. 4 again inflicted iron rod upon the son
of the informant and this time, he sustained injury in his
hand.
4. Learned Counsel for the petitioners submits that both the
parties are agnates having dispute over use of the
common space, i.e. courtyard. He further submits that
there is general and omnibus allegation against the
petitioners. He further submits that from the injury report
of the son of the informant, it would be evident that apart
from other injuries, he sustained injury in his right thigh
Patna High Court CR. MISC. No.90225 of 2024(2) dt.29-01-2025
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and this injury is not corroborated by the allegation
levelled in the First Information Report inasmuch as the
informant alleged that the petitioner no. 4 assaulted the
son of the informant, due to which he sustained injuries
on his head and hand. He next submits that the
occurrence has taken place on 02.06.2024 and
03.06.2024, but the written report/First Information
Report has been lodged on 05.06.2024 after a delay of
two days. The informant and others have sustained simple
injuries except the son of the informant near the thigh,
said to be grievous in nature. From perusal of Annexure-
3, i.e. injury report of the son of the informant, it appears
that the victim was brought to the hospital by his relative
for treatment on 03.06.2024 without any O. D. Slip.
Again, he was brought to the hospital by the police with
O. D. Slip on 13.06.2024. The other two injuries on the
forehead and the thumb/hand of the son of the informant
are simple in nature except the injury no. 3 on the thigh,
grievous in nature, which do not corroborate the
allegation made in the First Information Report.
Regarding injury on the thigh examined by the doctor on
13.06.2024, it has been said in the injury report that the
Patna High Court CR. MISC. No.90225 of 2024(2) dt.29-01-2025
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age of the injury is within 1-2 hours.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact both
the parties are agnates, there is general and omnibus
allegation against the petitioners and the injuries
sustained by the son of the informant do not corroborate
the allegation levelled in the First Information Report, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of
learned Sub Divisional Judicial Magistrate, Dehri,
Rohtas, in connection with Dehri Town Police Station
Case No. 374 of 2024, subject to the condition laid down
under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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