Abid @ Md. Abid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54997 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- AMAUR District- Purnia ====================================================== ABID @ MD. ABID SON OF MD. SHARIF RESIDENT OF BANGRA, P.S.- AMOUR, DISTRICT- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Md Fazle Karim, learned counsel for the petitioners and Mr. Ashok Kumar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Amour PS Case No. 117/2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 302, 504 and 506 of the IPC.

Prosecution story in a nutshell is that on the date of occurrence all the accused persons including the petitioner having weapons in their hands entered into the house of informant and the petitioner, allegedly, assaulted the cousin of the informant on his head due to which he sustained injury and other accused persons assaulted the wife of the informant by means of Dabia and bamboo reeds, due to which, she died.

Patna High Court CR. MISC. No.54997 of 2021(2) dt.19-05-2022 2/3 Learned counsel for the petitioner submits that both the parties are neighbours and a scuffle between them took place on a trivial issue of throwing garbage in front of their houses. There is case and counter case inasmuch as side of the petitioner lodged Amour PS Case No. 118/2020 on the same date and time of the aforesaid occurrence in which side of the petitioner has also sustained injuries. The prosecution has not brought the injury report caused to the cousin of the informant who was allegedly assaulted by the petitioner. Next submission is that similarly situated co-accused persons have been granted bail by a Bench of this Court vide Cr. Misc. No. 5012/2021. Learned counsel also submits that the petitioner is in custody since 11.03.2021 and the charge-sheet has already been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the nature of allegation and the fact that both the parties are neighbours, there is case and counter case between them, the prosecution has not brought the injury report caused to the cousin of the informant, similarly situated co-accused persons have been granted bail by a Bench of this Court, petitioner having no criminal antecedent is in custody since 11.03.2021 and the charge-sheet has already been

Patna High Court CR. MISC. No.54997 of 2021(2) dt.19-05-2022 3/3 submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, ABID @ MD. ABID, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Purnea/the court concerned in connection with Amour PS Case No. 117/2020.

(Anil Kumar Sinha, J) perwez U T