Md. Jamshed @ Jamsed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38436 of 2015 Arising Out of PS.Case No. -88 Year- 2015 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Jamshed @ Jamsed Son of Shafique, Resident of Village - Fatehpur, P.S. - Narpatanj, District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Smt. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 379, 341, 323, 307, 324, 504, 506/34 of the Indian Penal Code.

The prosecution case in, brief, is that that on 5.3.2015 at about 2 P.M., Mostirina Khatoon, sister of the informant Md. Adood was unloading soil on her land which was protested by the petitioner and during the scuffle, the petitioner threw her on the ground holding her hair and started assaulting with slaps. In the meantime, other accused also came and started assaulting her. His sister was pregnant. On hulla, the brother of the informant came but the petitioner also assaulted him by means of

Patna High Court Cr.Misc. No.38436 of 2015 (3) dt.08-10-2015 2/2 Dabia on his head resulting bleeding injury due to which he fell down and became unconscious.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.6.2015. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioner. From perusal of Annexure 2 ( injury report) it appears that the injury is simple in nature. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Gunjan, learned J.M., 1st Class, Araria in Narpatganj P.S.Case No. 88 of 2015. (Sudhir Singh, J) singh/- U T