Md. Mosim @ Mosam @ Mosim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28189 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== MD. MOSIM @ MOSAM @ MOSIM SON OF LATE MD. MAKSUD RESIDENT OF VILLAGE - GAURIPUR, SINGHESHWAR, WARD NO. 10, P.S. -SINGHESHWAR, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 158 of 2023 dated 10.06.2023, instituted under Sections 307, 147,148,149,341,323,324,379,504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the informant's nephew with sword causing wound at the face and head.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in this case. The injury report of the victim does not corroborate. the allegation made in the FIR. The injury report shows that the CT

Patna High Court CR. MISC. No.28189 of 2024(3) dt.31-07-2024 2/2 scan is normal and there is no mention about any injury on the head. There is case and counter case between the parties and the present case is counter blast to Singheshwar P.S. Case No. 157 of 2023 lodged against the informant and others. The petitioner has clean antecedent.

5. Learned Special PP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Singheshwar P.S. Case No. 158 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhepura subject to condition as laid down under Section 438(2) of the Cr.P.C., as well as the following conditions:-

7. The application stands allowed.

(Khatim Reza, J) Prakash/- U