Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31033 of 2020 Arising Out of PS. Case No.-37 Year-2019 Thana- KASMA District- Aurangabad ====================================================== MD. KALIM S/o Late Md. Maksud Miya Resident of Village - Pokhraha, P.S. - Kasma, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupa Kumari Mr. Yugal Kishore For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Kasma P.S. Case No. 37 of 2019 registered under sections 341, 323, 147, 148, 149, 307 and 302 of the I.P.C. pending in the Court of C.J.M., Aurangabad.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to village politics. Further submission is that the there is land dispute between the parties. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that there is direct allegation of assault by means of sword blow against the

Patna High Court CR. MISC. No.31033 of 2020(3) dt.03-03-2021 2/2 petitioner. Hence, this is not a fit case for bail. Having considered the above facts and circumstances of the case and nature of allegation, this Court is not inclined to allow the prayer of the petitioner for bail. Accordingly, prayer for grant of regular bail of the petitioner is rejected.

However, liberty is granted to the petitioner to renew his prayer for bail after nine months.

(Arvind Srivastava, J) shailendra/- U T