Allowed

Md. Afreidi v. The State of Bihar

Patna HC6 Jul 2023CR. MISC./10624/2023

Case brief

AI extract

What is this about?

Four petitioners apprehended arrest in a 2016 assault case in Nawada involving alleged grievous injury inflicted by a co-accused. Counsel cited land dispute, simple injuries by petitioners, FIR delay and clean antecedents. The court allowed anticipatory bail subject to Section 438(2) CrPC conditions.

What did the court decide?

Petitioners to be enlarged on bail on arrest/surrender within six weeks, bail bond Rs. 10,000 each with two like sureties, subject to S. 438(2) CrPC conditions.

Md. Afreidi Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10624 of 2023

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Arising Out of PS. Case No.-145 Year-2016 Thana- KAUWAKOL District- Nawada

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MD. AFREIDI S/O MD. MANSOOR @ EBRAHIM MIYAN Resident of Village- Karnatand, P.S.- Kowakol, District- Nawada.

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MD. JAVED S/O ASGAR MIYAN Resident of Village- Karnatand, P.S.Kowakol, District- Nawada.

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MD. SOYEB AKHTAR @ MATIN @ MD. SOHEB AKHTAR S/O WAKIL MIYAN Resident of Village- Karnatand, P.S.- Kowakol, District- Nawada.

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MD. TANVEER S/O RAFIQUE Resident of Village- Dhamaul, DistrictNawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Akhileshwar Dayal, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 06-07-2023 Heard learned counsels for the petitioners and the

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State.

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Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 324, 307, 447, 504 of the Indian Penal Code.

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It is alleged that on 20.11.2016, while the informant was at his house, all the F.I.R. named accused persons including these petitioners, armed with weapons, came at his house and started abusing him and co-accused Md. Babar assaulted the informant by means of gadasa on his head. It is further alleged

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Patna High Court CR. MISC. No.10624 of 2023(3) dt.06-07-2023 2/2

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that when father of the informant came to rescue him, he was also assaulted by all the four petitioners.

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Learned counsel appearing for the petitioners submits that both the parties are gotiyas and there is land dispute between them. Injury caused by co-accused Md. Babar has been found to be grievous whereas injuries caused by these petitioners are simple in nature. Moreover, F.I.R. has been lodged after delay of 8 days that itself creates doubt over the prosecution story. Petitioners have got clean antecedent.

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Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Nawada in connection with Kawakol P. S. Case No. 145 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Md. Afreidi v. The State of Bihar

Case brief

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Md. Afreidi v. The State of Bihar

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