False implication of Pre-Occurred Injuries upon the Petitioners as been caused by them by the Informant: High Court Of Patna

The Petitioners alleged of hitting the informant hard on the head with an iron rod were granted bail on finding that there existed pre- occurred injuries on the informant’s head and body. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Md Kajim and others v. The State of Bihar[Criminal Miscellaneous No. 58825 of 2021]. 

The facts of the case were that the Petitioners were apprehended arrest in connection with the Case, instituted under Sections 448, 341, 323, 308, 354, 504, and 506/34 of the Indian Penal Code, 1860. It was alleged that the petitioners and another person assaulted the informant, his wife, and his son. The contentions are specifically against the co-accused of hitting with an iron rod on the head resulting in injury.

The Learned Counsel for the Petitioners submitted that all the allegations against them were general and omnibus and specifically against the co-accused of hitting by iron rod on the head. It has been noted that there was fracture of the right frontal bone, orbital roof, lamina, and nasal bone on the informant, the same being attributable to co-accused and the petitioners have been falsely implicated. It was submitted that the petitioners have no other criminal antecedent.

The Learned Additional Public Prosecutor submitted that the allegations that are made against the petitioners are also of the assault. However, it wasn’t conflicted that there existed the pre occurred injuries on the informant’s head and body.

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of there being general and omnibus allegation of attack and one injury on the head being specifically attributable to another coaccused, as has been noted in the order of the Court below and the petitioners not having any other criminal antecedent, the Court is inclined to allow the prayer for pre-arrest bail.”

The Petitioners were hence granted bail on the conditions of cooperating with the police and court. If they committed any other illegal or violating activities to the Law then the bail shall be denied. The Petition was disposed of on the mentioned terms.

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Judgment Reviewed By Nimisha Dublish

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