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Patna High CourtCR. MISC./53313/2022allowed

Md. Jarif v. The State Of Bihar

2023-01-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53313 of 2022 Arising Out of PS. Case No.-461 Year-2021 Thana- JAMUI District- Jamui ====================================================== Md. Jarif Son Of Late Md. Sharif R/O Village- Aamin, P.S.- Jamui, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 447, 427, 379, 504, 506 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons, variously armed, assaulted the informant due to which informant sustained injuries. When family members of the informant came to his rescue they were also assaulted

Patna High Court CR. MISC. No.53313 of 2022(2) dt.16-01-2023 2/3 by the co-accused persons. Specific allegation against the petitioner is that he assaulted the informant by means of Khanti, due to which he sustained head injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 25.07.2022. It is also submitted that there is no repetition of blow against the petitioner and petitioner has been implicated in this case due to village politics. It is also submitted that injury report of the informant is not in consonance with the prosecution version of the case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.53313 of 2022(2) dt.16-01-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jamui P.S. Case No. 461 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 C.J.M., Jamui.

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