MD. SHAMI AHMAD @ SHAMIM NAMAJI ABBASI @ SAMIM v. THE STATE OF BIHAR BIHAR
Case at a glance
Outcome
Allowed
The application stands allowed
Provisions considered
- Indian Penal Code, 1860 s. 34
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 77. The application stands allowed. guddukr/- U T (Chandra Prakash Singh, J)
Judgment
====================================================== Appearance : Mr.Saurav Anand For the Petitioner/s : For the Opposite Party/s : Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 28-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case in connection with Singhwara P.S. Case No. 116 of 2023 dated
06.06.2023 registered for the offence/s punishable u/ss 341, 323, 324, 307, 354B, 379 and 504 read with section 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and started abusing. When the informant protested, the petitioner assaulted him with Farsa on his head due to that he fell down. When the informant's wife came to rescue, the accused, Amanullah assaulted her with iron rod due to that she Patna High Court CR. MISC. No.4316 of 2024(3) dt.28-02-2024 fell down. The other accused persons misbehaved with the daughter-in-law of the informant and snatched golden chain from the neck of the informant's wife.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that an altercation took place between the parties and the wife of the petitioner also sustained injuries. The informant sustained lacerated wound over perital region of head size 2x0.5cm, bruise of size 5x3cm over left arm which is stated to be grievous in nature caused by hard and blunt substance. The other injured sustained simple injury caused by hard and blunt substance. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Singhwara P.S. Case No. 116 of 2023, subject Patna High Court CR. MISC. No.4316 of 2024(3) dt.28-02-2024 to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
Operative part
The application stands allowed. guddukr/- U T (Chandra Prakash Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 34; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.