Md. Nazim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32338 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- MANIGACHI District- Darbhanga ====================================================== MD. NAZIM Son of Sakh Jumman Resident of Village- Baghant, Police Station- Manigachi, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Manigachi P.S. Case no. 173 of 2020 registered for the offence punishable under sections 341, 323, 448, 324, 307, 504, 379/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 2.2.2021, is person with clean antecedent and charge sheet has been submitted and allegation is of assault by the petitioner on the head of the informant by Farsa on account of dispute relating to soiling of land being done by the informant near his door which was objected by the petitioner as he used to keep his animal on the said land. Learned counsel submits that from perusal of the allegation as alleged in the FIR,

Patna High Court CR. MISC. No.32338 of 2021(3) dt.23-12-2021 2/2 it would manifest that both the petitioner and the informant are neighbour and on account of trivial issue occurrence took place where it is alleged that the informant was assaulted by the petitioner by Farsa on the head. Learned counsel submits that the informant was referred to DMCH but two injuries on the head have been found simple in nature by doctor and with regard to injury on non-vital part of the body, opinion with respect to the same has been reserved.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, is person with clean antecedent, charge sheet has been submitted and injury on vital part of the body is simple in nature, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate V, Darbhanga in Manigachi P.S. Case no. 173 of 2020.

(Satyavrat Verma, J) s.hassan/- U T