Faisal Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9350 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== Faisal Imam Son Of Syed Zafar Imam R/O Village- Chhapiya Buzurg, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 The defects, as pointed out by the office is hereby ignored.

Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner assaulted the informant and his maternal uncle. It is

Patna High Court CR. MISC. No.9350 of 2023(4) dt.07-07-2023 2/3 specifically alleged against this petitioner that he assaulted with sword on the head of the informant, as a result of which the informant received cut injury and fell on the ground.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is alleged to have assaulted with sword on head of the informant but the injury report of the informant does not corroborate the case of the informant as against the petitioner. The petitioner's side has also lodged Hussainganj P.S. Case No. 340 of 2021 against the informant and others. The petitioner is languishing in custody since 27.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.9350 of 2023(4) dt.07-07-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Siwan in connection with Hussainganj P.S. Case No. 336 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T