Md. Sahzad @ Md. Sahjad @ Barat @ Baratu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14606 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== MD. SAHZAD @ MD. SAHJAD @ BARAT @ BARATU S/O LATE MD. SAHADAT HUSSAIN R/O MOHALLA- JAFFARGANJ, IN FRONT OF NOORI MASJID, P.S AND DISTT.- JEHANABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate :

Mr. Mayank Raj, Advocate :

Mr. Ravi Ranjan, Advocate For the Informant :

Mr. Umesh Kumar, Advocate For the State :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Jehanabad P.S. case No. 158 of 2023 instituted for the offences under Sections 341, 323, 325, 307, 506/34 of the Indian Penal Code.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, the petitioner along with three to four persons assaulted the informant on his waist and he fell down. On hearing the noise, the brother-in-law of the informant came to save him who was also assaulted by this petitioner on his head as a result, his head was ruptured and he became

Patna High Court CR. MISC. No.14606 of 2024(2) dt.11-03-2024 2/3 unconscious. It is further alleged that the brother-in-law of the informant was assaulted by other associates of this petitioner with the help of rod and lathi.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that the occurrence took place on a petty dispute and both the parties lodged case and counter-case. Learned counsel further submitted that both the parties sustained injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.12.2023 and has four criminal antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that the injury sustained by the brother-in-law of the informant is grievous in nature.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Jehanabad P.S. case

Patna High Court CR. MISC. No.14606 of 2024(2) dt.11-03-2024 3/3 No. 158 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T