Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11432 of 2020 Arising Out of PS. Case No.-495 Year-2019 Thana- KORHA District- Katihar ====================================================== 1.

MD. KALAM Son of Sk. Najrul Mian R/O- Ragunichak, P.S.- Mansahi, Distt.- Katihar 2.

Md. Naimul @ Md. Naimul Hak Son of Subed Ali R/O- Mirkaha, P.S.- Mansahi, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307/34 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that the petitioners and other accused persons assaulted the informant when he was sleeping on his shop. Petitioner no.1 and co-accused Md Mainul assaulted him by means of Garasi on the head. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case lodged on 1.12.2019 for the occurence of 27.8.2019, without explanation of delay. As per the injury report, the victim sustained single head injury caused by hard and blunt object, which belies the prosecution story. Petitioners have got no

Patna High Court CR. MISC. No.11432 of 2020(2) dt.25-06-2020 2/2 criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of surrender before the Court below be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Korha Police Station Case No. 495 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T