Salim @ Md. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45655 of 2022 Arising Out of PS. Case No.-164 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Salim @ Md. Salim Son Of Wahid Ali R/O Village- Guabari, P.S.- Kundw Chainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kundwa Chainpur P.S. Case No. 164 of 2020 registered for the offences punishable under Sections 147, 149, 323, 279, 379, 354, 307, 504, 506, 327 and 338 of the Indian Penal Code. As per the prosecution, the informant was brutally assaulted by this petitioner along with other co-accused persons over a dispute regarding compromise of P.S. Case No. 105 of 2020 which was instituted with regard to the murder of the informant's uncle.

The main submissions advanced by the learned counsel Mr. Madhav Jha appearing for the petitioner are that

Patna High Court CR. MISC. No.45655 of 2022(2) dt.30-11-2022 2/2 both the parties are agnates, admittedly in between them there was enmity and ten to fifteen unknown persons were alleged to be involved in the alleged occurrence and petitioner was simply alleged to have pin down the informant who sustained simple injuries as per his injury report filed as Annexure-2 and against the petitioner there is criminal antecedent of one case in which he is on bail.

Learned APP Mr. Vinod Shanker Modi appearing for the State has opposed the bail prayer.

Having considered the above submissions and the nature of allegation appearing against the petitioner from the FIR and also the nature of the injuries of the informant mentioned in his injury report filed as Annexure-2, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kundwa Chainpur P.S. Case No. 164 of 2020.

(Shailendra Singh, J.) sangam/- U T