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Patna High CourtCR. MISC./30194/2025allowed

Md. Kadir @ Kadir v. The State Of Bihar

2025-05-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 30194 of 2025 Arising Out of PS. Case No.-506 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Md. Kadir @ Kadir S/o- Md. Hadis Village- Juharpur Ps- Saraiya DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Anant Kumar 1, learned APP for the State.

2. The petitioner has prayed for bail in connection with Saraiya P.S. Case No. 506 of 2022 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 447, 147, 148, 149, 504, and 506 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has assaulted with sword on the head of the informant, due to which, he received head injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Counsel submits that though the petitioner is having allegation of assaulting the informant with sword, but from

Patna High Court CR. MISC. No. 30194 of 2025(2) dt.19-05-2025 2/2 perusal of the injury report, it will transpire that the informant has received lacerated wound, which is simple in nature and it has also been submitted that the lacerated wound would not result from assault by sword. Counsel also submits that the injury does not co-relate with the allegation. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 22.03.2025

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No. 506 of 2022.

(Ashok Kumar Pandey, J) Sudhanshu/- U T