Md. Firoz And Anr vs State Of Bihar

Heard Mr. Abdul Mannan Khan, learned counsel for the petitioners and Ms. Sucheta Yadav, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Singhwara PS Case No. 182 of 2019 dated 20.11.2019, instituted under Sections

341/323/325/307/379/34 of the Indian Penal Code.

The allegation against the petitioners is of inflicting injuries on the informant. Against petitioner no. 1, it is specific of assault on the head whereas

against petitioner no. 2 it is on the nephew of the informant on the hand.

Learned counsel for the petitioners submitted that they have no other criminal antecedent and further that the story is false and concocted as no

such incident took place. Learned counsel submitted that the present is a counter blast to Singhwara PS Case No. 181 of 2019 filed by the petitioner

no. 2 against the prosecution party under Sections 341/323/325/324/337/504/34 of the Indian Penal Code. Learned counsel submitted that the injury

report shows that there is superficial injury on the hand of the nephew of the informant. It was further submitted that there was free fight between the

parties and both sides have sustained injury.

Learned APP submitted that from the injury report brought on record by the petitioners himself, the assault by the petitioner no. 1 has resulted in

seven stitches on the scalp of the informant which clearly indicates that the injury was serious and the intention was also to badly harm the informant

by giving blow on the head.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner no. 2, namely Md. Neyaz be released on bail upon furnishing bail bonds of Rs.

25,000/-(twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 5th, Darbhanga in Singhwara PS

Case No. 182 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the

bailors shall be a close relative of the petitioner no. 2, namely Md. Neyaz, (ii) that the petitioner no. 2, namely Md. Neyaz and the bailors shall execute

bond with regard to good behaviour of the petitioner no. 2, namely Md. Neyaz, and (iii) that the petitioner no. 2, namely Md. Neyaz shall cooperate

with the Court and the police/prosecution. Any violation of the terms and conditions of the bonds or non-cooperation would lead to cancellation of his

bail bonds.

Prayer for pre-arrest bail of petitioner no. 1, namely Md. Firoz, is rejected.

The application stands disposed off in the aforementioned terms.

However, if the petitioner no. 1, namely Md. Firoz, surrenders before the Court below and prays for bail within four weeks from today, the same

shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.