Md. Samad @ Md. Sahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6906 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Md. Samad @ Md. Sahmad son of Md. Ajim Village- Makhachak W.No-17, Ps- Bakhri Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Santosh Kumar Singh, Advocate For the State :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 72 of 2023 instituted for the offence under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code. 3.

As per prosecution case the informant was assaulted by seven accused persons, including this petitioner by means of garasa.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-11-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.6906 of 2024(2) dt.17-02-2024 2/2 case. There is no direct allegation attributed to the petitioner. Allegation is general and omnibus. Referring to the injury report, which is annexed as Annexure- 2 to the bail petition, it is submitted that injury is simple in nature. There is subsisting land dispute between the parties.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent and injury being simple in nature, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhri P.S. Case No. 72 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T