Irshad @ Nanha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37825 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- TARABARI District- Araria ====================================================== Irshad @ Nanha, age 36 years, Sex-Male, Son of Jameel, Resident of VillageBaturbari, Ward No- 11, P.S.- Tarabari, District- Araria. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Ranjeet Kumar Singh, Advocate.
For the Opposite Party :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 324, 307, 504 and 506/34 of the I.P.C.
The prosecution story, in brief, is that on 31.08.2019, Nanha (petitioner) and co-accused Munna assaulted the sister of the informant and her husband on which when the informant and his brothers Samshir and Amrej went there to see them, Irshad @ Nanha (petitioner), co-accused Munna, Bibi Rizwana, Malka and Soni armed with deadly weapons came there and
Patna High Court CR. MISC. No.37825 of 2020(2) dt.05-02-2021 2/3 Irshad @ Nanha (petitioner) pierced dagger in the abdominal portion of Samshir and also inflicted dagger blow in the back near the waist of Samshad. Co-accused Munna caused injury on the head of Samshad with Iron rod and co-accused Rizwana sprinkled Chili powder in their eyes. All accused persons abused and assaulted the informant and others with Lathi, Danda and caused them injuries. The injured Samshad and Samshir were brought to the hospital for their treatment.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 06.10.2019. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is said to have given a knife blow upon the victim. Nature of injury is said to be simple as per Annexure-2 to the present application. The petitioner has remained in custody for more than one year.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.37825 of 2020(2) dt.05-02-2021 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. V, Araria, in connection with Tarabari P.S. Case No. 123/2019.
(Sudhir Singh, J) U.K./- U T