Patna High CourtCR. MISC./20705/2023bail granted

Md. Irshad v. The State Of Bihar

2023-05-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20705 of 2023 Arising Out of PS. Case No.-134 Year-2017 Thana- CHAUSA District- Madhepura ====================================================== MD. IRSHAD Son of Md. Aasin Resident of village-Khokhan Tola, P.S.- Chausa, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chausa P.S. Case no.134 of 2017 registered under sections 307, 354, 341, 323, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, over a dispute between the parties, it is stated that the eight named accused persons variously armed started to assault the informant. The petitioner gave a blow with a rod on the head of the son of the informant leading to serious injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. So far as the injury on the son of the informant is concerned, the same has been found to be simple in nature. The petitioner is in custody

Patna High Court CR. MISC. No.20705 of 2023(2) dt.16-05-2023 2/2 since 21.10.2022 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner absconded in a case of the year 2017 and was taken into custody only on 21.10.2022.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, the contents of the injury report of the son of the informant, the petitioner being in custody for 6 months since 21.10.2022, chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Chausa (Chowsa) P.S. Case no.134 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, DistrictMadhepura. (Partha Sarthy, J) Saurabh/- U T