Patna High CourtCR. MISC./48111/2023allowed

Jasim Bhatt @ Md Jasim v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48111 of 2023 Arising Out of PS. Case No.-1235 Year-2019 Thana- NAWADA District- Nawada ====================================================== Jasim Bhatt @ Md Jasim S/O Late Kamlu Bhatt @ Kalu Bhatt R/O VillageBari Dargha, Bhatt Toli, Nawada, P.S.- Nawada, District- Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 452, 341, 323, 324, 307, 380 of the Indian Penal Code, sections 3/4 of the Explosive Substance Act and Section 27 of Arms Act.

3. As per prosecution case, the petitioner is alleged to have fired upon on Md. Azimuddin due to which he sustained firearm injury on his leg. It is also alleged that the accused persons also took away ornaments from house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village rivalry. It is

Patna High Court CR. MISC. No.48111 of 2023(2) dt.04-08-2023 2/2 also submitted that there is case and counter, both parties sustained injuries as alleged in separate occurrences. It is further submitted that the petitioner is languishing in judicial custody since 7.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Nagar P.S. Case No. 1235 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/ concerned Court.

(Sunil Kumar Panwar, J) Amandeep/- U T