Md. Afzal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4414 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- BEERPUR District- Begusarai ====================================================== Md. Afzal Son Of Late Md Muslim R/V- Daniyalpur, Ward No. 18, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Birpur P.S. Case No. 100 of 2022 registered under sections 341, 324 and 307 of the Indian Penal Code.

Allegation against the petitioner is that he cut the neck of the informant by means of blade when he was at his house, due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity and both parties are agnates. It is further submitted that the injury as alleged sustained by injured is simple in nature which has been

Patna High Court CR. MISC. No.4414 of 2023(2) dt.05-04-2023 2/2 opined by the doctor and the same is annexed in this petition as Annexure-2. During course of investigation, not a single independent witness has come to support the prosecution version. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Birpur P.S. Case No. 100 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T