Md. Khurshid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39779 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- BEERPUR District- Begusarai ====================================================== Md. Khurshid Son of Md. Shabir Resident of Village - Karichak, P.s.- Birpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Kumar, Advocate :
Mr. Kumari Archna, Advocate For the State :
Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Birpur P.S. Case No. 9 of 2022 registered for the offence under Sections 341, 324 and 307 of the Indian Penal Code and later on Sections 25(1-b)a and 26 of the Arms Act were added subsequently.
The accused/petitioner is named in the F.I.R. and is in custody since 31.01.2022.
The allegation against the petitioner is to fire upon the informant and also assault with knife causing multiple injuries, having intention to cause death.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.39779 of 2022(2) dt.03-11-2022 2/3 submitted that the occurrence took place in a spur of moment, as petitioner witnesses her wife in compromising position with the informant. It is submitted that the occurrence is the result of grave and sudden provocation. It is further pointed out that despite of facility of primary health centre in close vicinity, petitioner admitted himself in one private hospital and obtained manufactured injury report to make the allegations more serious and aggravated. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, and also by considering the nature of accusation, where petitioner is in custody since 31.01.2022 coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Birpur P.S. Case No. 9 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.39779 of 2022(2) dt.03-11-2022 3/3 Judicial Magistrate-VI, Begusarai/concerned Court, subject to the following conditions:
"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T