Md. Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21321 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== Md. Jasim Son of Md. Khilafat Resident of Village- Paina, Police StationChausa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chausa P.S. Case No. 97 of 2020 instituted for the offences under Sections 307, 504 and 506 of the Indian Penal Code read with Sections 25(1-b), a, 26 and 37 of the Arms Act. Learned counsel for the petitioner at the outset submits that the petitioner is a person with clean antecedent and is in custody since 21.04.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant has alleged that on 18.04.2020 when he was going to his residence then the petitioner on the way

Patna High Court CR. MISC. No.21321 of 2021(2) dt.16-11-2021 2/3 fired at him and fled in the field of maize crop from where the family members of the petitioner brought the informant to Chausa Hospital from where he was referred to Bhagalpur for better treatment. Further, that the informant returned to his house on 19.04.2020 in the night and on 20.04.2020 at about 12 pm, the informant went to the petitioner's house along with villagers to ask him about the reason for committing the occurrence, at this the petitioner brought country-made pistol and started threatening the informant and others and then he was caught by the villagers and handed over to the police. Learned counsel for the petitioner submits that it does not stand to reason that the occurrence is of 18.04.

2020 when it is alleged that the petitioner fired at the informant and he was referred for better treatment to Bhagalpur but no F.I.R. was instituted rather on 20.04.2020, the informant went to the house of the petitioner for asking as to why he committed that occurrence, the prosecution story thus appears to be improbable. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 21.04.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the

Patna High Court CR. MISC. No.21321 of 2021(2) dt.16-11-2021 3/3 petitioner above named be released on bail on furnishing of bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 97 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T