Patna High Court – Orders
Md. Kamruddin vs The State Of Bihar on 20 May, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32026 of 2025
Arising Out of PS. Case No.-163 Year-2016 Thana- PALASI District- Araria
======================================================
1. Md. Kamruddin S/o- Late Domar Ali Resident of village- Shyampur Police
station-Palasi District- Araria
2. Md. Jamal S/o- Late Domar Ali Resident of village- Shyampur Police
station-Palasi District- Araria
3. Md. Satabul S/o- Late Domar Ali Resident of village- Shyampur Police
station-Palasi District- Araria
4. Md. Abusama S/o- Md. Satabul Resident of village- Shyampur Police
station-Palasi District- Araria
5. Md. Sufiyan S/o- Md. Satabul Resident of village- Shyampur Police station-
Palasi District- Araria
6. Md. Ajrul S/o- Md. Kamruddin Resident of village- Shyampur Police
station-Palasi District- Araria
7. Md. Tahmir @ Tanvir S/o- Gulam Rasool Resident of village- Shyampur
Police station-Palasi District- Araria
8. Md. Saiyyam S/o- Late Jabul Resident of village- Shyampur Police station-
Palasi District- Araria
9. Md. Samim S/o- Late Jabul Resident of village- Shyampur Police station-
Palasi District- Araria
10. Md. Tajmul S/o- Late Kare Resident of village- Shyampur Police station-
Palasi District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Adv.
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 20-05-2025
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are apprehending
their arrest in connection with Palasi P.S. Case No. 163 of 2016
Patna High Court CR. MISC. No.32026 of 2025(2) dt.20-05-2025
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registered for the alleged offences under Section 341, 323, 325,
504, 506/34 of the Indian Penal Code.
03. As per prosecution case, petitioners and other co-
accused persons who were armed with lathi and farsa stopped the
informant and his family members and hurled abuses and said that
the they were involved in conduct of wrong panchayati. Thereafter
the petitioners assaulted the informant and petitioner no. 1 gave a
farsa blow to the informant on his head. Petitioner no. 7 struck
him with lathi causing fracture of the hand. The brother of the
informant who came for his rescue was assaulted by petitioner no.
3. The family members of the informant were also assaulted and
the assailants took away Rs. 4700/- from the informant, ornaments
from the neck of the wife of the informant and Rs. 1000/- from the
son of the informant.
04. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. No occurrence as alleged as ever taken place. The FIR was
lodged after delay of four days for which there was no
explanation. The injury report shows only one sharp cut injury on
the victims but the said injury is caused by hard, blunt, sharp
cutting object and there is only one such injury on the person of
the victims. The dimension of the sharp cut injury shows it is a
superficial injury as size has been mentioned as 5″x1/4″x1/4″.
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Learned counsel further submits that there was no intention to
cause death and there was no repetition of blow. The matter has
been compromised by the parties and compromise petition was
filed on 26.04.2025. The petitioners have got clean and fair
antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioners. Learned
A.P.P. submits that there is specific allegation against all the
petitioners for causing injuries to the informant and his family
members.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
superficial and non-serious nature of injuries and possibility of
false implication, let the petitioners above named, in the event of
their arrest or surrender before the court concerned within a period
of eight weeks from today, be released on bail, on furnishing bail
bond of Rs. 5,000/- (Rupees Five Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned Court
of J.M.F.C., Araria in connection with Palasi P.S. Case No. 163 of
2016, subject to the condition laid down under Section 482(2) of
the B.N.S.S and other following conditions:
(i) One of the bailors will be a
close relative of the petitioners.
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(ii) The petitioners will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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