Patna High CourtCR. MISC./23591/2021bail granted

Md. Izhar v. The State Of Bihar

2021-11-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23591 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- ANGARH District- Purnia ====================================================== MD. IZHAR Son of Zakir Alam Resident of Village - Pirgachi, P.S.- Angarh, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Angarh P.S. Case No. 03 of 2020, disclosing offence punishable under Sections 341, 324, 307, 504, 506 of the Indian Penal Code. The petitioner is in custody since 15.06.2020. It is alleged in the FIR that on 17.02.2020, the petitioner assaulted the informant with a knife on his head, from behind. The informant, thereafter, went to primary health center for treatment and subsequently, attempted to get the dispute resolved through Panchayati. As no amicable resolution could be reached, he filed the FIR on 23.02.2020.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.23591 of 2021(3) dt.29-11-2021 2/2 has submitted that the case of the prosecution as narrated in the FIR is false for the reason that the informant was examined by the doctor on 19.02.2020 and the age of his injury has been reported to be within 6 hours from the time of the said report. He has accordingly submitted that the case of the prosecution as disclosed in the FIR is not supported by the injury report. He further contends that there has been inordinate delay of 6 days in lodging of the FIR.

Considering the delay in lodging of the FIR and the Injury Report, a case for grant of regular bail is made out. This application is accordingly allowed.

Let the petitioner, above-named, 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 learned Chief Judicial Magistrate, Purnea in Angarh P.S. Case No. 03 of 2020.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T