Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48382 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Md. Shamshad Son of Md. Abdullah R/O Village- Khudanagar, P.S.- Chhatauni, Dist.- East Chamaparan at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chhatauni P.S. Case No. 189 of 2024 instituted for the offence under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that while the informant was returning from his shop, in the meantime, accused persons, including the petitioner surrounded the informant and it is alleged that petitioner has stabbed the informant on his neck with knife, due to which he sustained injuries.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.48382 of 2024(2) dt.10-07-2024 2/2 that the petitioner is in custody since 20-04-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that parties are agnates and there is subsisting land dispute between the parties. It is submitted that injury is found to be caused by hard and blunt substance. It is also submitted that there is no repeated blow given by the petitioner, hence, Section 307 of the IPC is not made out. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

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 Chhatauni P.S. Case No. 189 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T