Muzahid @ Mojahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41939 of 2022 Arising Out of PS. Case No.-570 Year-2021 Thana- BAIRGACHHAI District- Araria ====================================================== Muzahid @ Mojahid S/O Sahabuddin, Resident of Village- Farasut, Ward No.- 3, P.S.- Araria, (Bairgachi OP), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 62 of 2022 arising out of Araria (Bairgachi) P.S. Case No. 570 of 2021 lodged under Sections 341, 323, 324, 307, 427 and 504/34 of the Indian Penal Code.

As per prosecution case, there is an allegation against the petitioner to attack on the informant's father by knife, in result he was badly injured.

Learned counsel for the petitioner submits that from the injury report, it transpires that injury is grievous. Counsel further submits that petitioner is not a criminal and his

Patna High Court CR. MISC. No.41939 of 2022(2) dt.01-11-2022 2/2 antecedent is clean. He further submits that petitioner is in custody since 09.07.2021. Learned counsel for the petitioner further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court. Learned counsel for the State opposes the prayer for bail and submits that he may create hindrance during trial. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but petitioner is at liberty to move his prayer for bail after 9 months of framing of charge and Trial Court is directed to release the petitioner on bail imposing its own conditions so that he shall not evade his appearance during trial.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T