Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47697 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Md. Shamim Son of Yashin, Resident of Village - Majratola Jageli, P.S. - K. Nagar, District - Purnea ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with K. Nagar (Srinagar) P.S. Case No.119 of 2024, registered for the offences punishable under Sections 147, 148, 149, 341, 447, 323, 324, 384, 325, 379, 354-B, 427, 307 & 506 of the Indian Penal Code.

3. As per the prosecution case, 21 accused persons including the petitioner and 10 unknown accused persons came at the land of informant with lathi-danda and other arms and assaulted the driver of the tractor, the informant and his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute between the parties. He further submits

Patna High Court CR. MISC. No.47697 of 2024(4) dt.18-10-2024 2/2 that the petitioner and informant both are close relative. Learned counsel submits that the offence under Section 307 of I.P.C. is not made out against the petitioner and all the allegations are general and omnibus and nothing has been recovered from the possession of petitioner. He further submits that petitioner is in custody since 25.02.2024 having no criminal antecedent. Learned counsel submits that charge has already been framed in this case and trial is already going on. He further submits that petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Purnea in connection with K. Nagar (Srinagar) P.S. Case No.119 of 2024.

(Sunil Dutta Mishra, J) Ritik/- U T