Md. Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26496 of 2020 Arising Out of PS. Case No.-361 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== Md. Banti , aged about 23 years, Male, Son of Md Mod @ Moin @ Md Moid, Resident of Mohalla- Mithanpura, P.S. Mithanpura District Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2020 Heard Mr. Neeraj Kumar @ Sanidh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Mithanpura P.S. Case No. 361 of 2018 registered for the offence under Sections 341 / 323 / 307 / 504 / 506 / 34 of the I.P.C. The allegation as per the First Information Report is that the informant was assaulted by the petitioner with iron rod on his head with an intent to kill him.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and the present F.I.R. has been lodged after delay of two days and the name of the petitioner has been disclosed by the informant on the basis of information received from others that the petitioner

Patna High Court CR. MISC. No.26496 of 2020(4) dt.01-12-2020 2/2 had assaulted the informant. Learned counsel further submits that petitioner is in custody since 07.11.2019. On the other hand, learned counsel for the State referring to the case diary submits that as per the injury report the informant has sustained grievous injuries on his head. Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 07.11.2019 , 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (East) at Muzaffarpur in connection with Mithanpura P.S. Case No. 361 of 2018. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T