Patna High CourtCR. MISC./43071/2024bail granted

Md. Salim v. The State Of Bihar

2024-07-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43071 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- MANIHARI District- Katihar ====================================================== MD. SALIM SON OF MD. SABUR @ MD. SABUL VILLAGE- PASCHIM TOLA MANIHAR, WARD NO. 14, P.S.- MANIHAR, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Manihari P.S. Case No. 27 of 2024 dated 07.02.2024 registered for the offences punishable u/ss 323, 326, 341, 307, 354, 448, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have come to the house of the informant and abused her. When the informant protested, he assaulted her with bamboo stick and iron rod causing injuries to her. When the informant's husband came to rescue, the petitioner also assaulted him with knife causing severe injuries to him.

Patna High Court CR. MISC. No.43071 of 2024(2) dt.01-07-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. The petitioner is the brother-in-law (Devar) of the informant. The petitioner and the informant's husband are full brother. As per the injury report of Md. Salauddin, he sustained injury on abdomen caused by blunt sharp substance. The petitioner has three criminal antecedents which were lodged by the same informant and her family members as stated in para 3 of the bail petition. The petitioner is in custody since 08.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Manihari P.S. Case No. 27 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.43071 of 2024(2) dt.01-07-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T