Allowed

Md. Zawed v. The State of Bihar

Patna HC24 Jun 2023CR. MISC./30879/2023

Case brief

AI extract

What is this about?

Bail application under Sections 147-149, 341, 323, 307 and 302 IPC arising from a fatal assault where the specific role of assaulting was attributed to co-accused. The court granted regular bail to the petitioner on furnishing bail bond of Rs. 10,000/- with two sureties, noting custody period, clean antecedents, submission of charge sheet and absence of likelihood of tampering.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount to the satisfaction of ACJM-Ist, Naugachia.

Md. Zawed Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30879 of 2023

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Arising Out of PS. Case No.-365 Year-2022 Thana- NAUGACHIA District- Bhagalpur

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======================================================

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MD. ZAWED Son of Md. Husaini Resident of village - Ujani, P.S. - Naugachia, Distt. - Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ambrish Kumar Jha For the Opposite Party/s : Mr.Shailendra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 24-06-2023

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Naugachia P.S. Case No. 365 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

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As per prosecution case, in the evening of 24.11.2022, children of the petitioner and Md. Babar were throwing sand of the informant upon which informant’s father asked them not to do so and thereafter, petitioner and other started abusing informant’s father. It is further alleged that in the next morning, informant’s father and his uncle went to the petitioner and told him that his son was throwing sand and abusing them and in the meanwhile the petitioner started abusing them again. It is

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Patna High Court CR. MISC. No.30879 of 2023(2) dt.24-06-2023 2/3

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further alleged that co-accused Md. Sallauddin alongwith others armed with lathi, iron rod, khanti, kachiya came at the place of occurrence and on the order of Md. Sallauddin, all accused persons assaulted the informant’s father and his uncle. It is further alleged that co-accused Md. Sallauddin assaulted informant’s father by means of iron rod as a result of which he died on the spot and co-accused Bano Khatoon assaulted informant’s uncle by means of kachiya as a result of which he sustained injury.

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Learned counsel for the petitioner submits that there is no specific allegation of assaulting against the petitioner rather the specific allegation of assaulting the informant’s father is against co-accused Md. Sallauddin and Bano Khatun. He further submits that allegation against the petitioner is general and omnibus in nature. The specific role of assaulting is attributed to the co-accused Md. Sallauddin and Bano Khatun and no specific role of assaulting is attributed to the petitioner. He further submits that petitioner is in custody since 26.11.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner,

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Patna High Court CR. MISC. No.30879 of 2023(2) dt.24-06-2023 3/3

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charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - Ist, Naugachia in connection with Naugachia P.S. Case No. 365 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Md. Zawed v. The State of Bihar

Case brief

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Md. Zawed v. The State of Bihar

Case brief

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