Md. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32256 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- PALASI District- Araria ====================================================== MD. KHURSHID S/O MD. SAGIR @ BACHCHA R/O VILLAGE-MEHRU CHOWK WARD NO.09, P.S.-PALASI, DISTRICT-ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hoda, Adv.

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Md. Nafisuzzoha, Advocate Mr. Jai Narain Thakur APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Palasi P.S. Case No. 153 of 2020 registered for the offence under Sections 341, 323, 324, 307, 379 & 504 of the I.P.C. The petitioner has allegedly assaulted the sister-in-law of the informant by means of "Farsa" on her head due to which she received injuries.

Learned counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between them. He further submits that there is case and counter case between the parties inasmuch as for an occurrence which has taken place on the same date and time one another FIR bearing Palasi P.S. Case No. 157 of 2020 has been lodged by one of the accused persons against the informant and others. He further submits that from perusal of the injury report it would be evident that the victim has received injuries in the right frontal region of her nose and the petitioner is in custody since 11-01-

Patna High Court CR. MISC. No.32256 of 2021(2) dt.16-12-2021 2/2 2021.

On the other hand, learned counsel for the informant opposes the prayer for bail and submits that there is direct allegation against the petitioner of assault upon the sister-in-law of the informant and she has received grievous injuries which would be evident from Annexure-3 to this bail application (i.e. injury report).

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that both the parties are co-villager, there is land dispute between them, case and counter case is also there, the petitioner is in custody since 11-01-2021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st , Araria in connection with Palasi P.S. Case No. 153 of 2020. praful/- (Anil Kumar Sinha, J) U T