Md. Motiur Rahman @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60415 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== MD. MOTIUR RAHMAN @ BHOLA S/o Md. Sadik Resident of Village - Shankarpur, P.S. - Sursand, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and sections 3 and 4 of the Prevention of Witch (DAAIN) Practices Act.

As per the prosecution case, it is stated that the petitioner assaulted the informant causing injuries in his hand and thereafter assaulted the father of the informant with a rod on his head.

It is submitted by learned counsel for the petitioner that there is case and counter case between the parties, the correct version having been mentioned in the F.I.R. lodged by the petitioner himself which has been brought on record as Annexure-2 to the petition. The case of the petitioner has been

Patna High Court CR. MISC. No.60415 of 2021(2) dt.16-12-2021 2/2 lodged earlier in time. The injuries on the father of the informant have been found to be simple in nature. The petitioner is in custody since 11.8.2021 and chargesheet has been submitted in the case. He has no criminal antecedent. A supplementary affidavit has been filed on behalf of the petitioner which is taken on record. It has been stated therein that the mother of the petitioner died and this is the urgency in taking up the matter.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the injury report which has been brought on record and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sursand P.S. Case no.48 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned First Class Magistrate, Pupri at Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T