Md. Salim @ Prem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42300 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Md. Salim @ Prem Son Of Late Ruddi Miyan Resident Of Village - Ratanpur Siz Tola, P.S. - Manihari, District - Katihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manihari P.S. Case No. 286 of 2023 instituted for the offences punishable under Sections 341, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner is said to have assaulted the informant's father due to which he sustained injury.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.42300 of 2024(2) dt.20-06-2024 2/3 Charge-sheet has been submitted in this case. From the perusal of the injury report, it appears that the injury sustained to the informant's father is simple in nature. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is an old age person and has no intention to kill the informant's father. The petitioner is in custody since 26.12.2023 and he has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manihari P.S. Case No. 286 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.42300 of 2024(2) dt.20-06-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T