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Patna High CourtCR. MISC./54607/2022bail granted

Md. Basir v. The State Of Bihar

2023-02-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54607 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Md. Basir Son of Late Md. Mosin Resident of Village- Rohua Paschimi, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 224 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504, 379, 506/34 of the Indian Penal Code.

The specific allegation against the petitioner is that he assaulted the informant on his head with paghariya and also assaulted the mother and sister of the informant. Learned counsel for the petitioner has submitted that both the parties are agnates. There is land dispute between them. The injuries are simple in nature to which the learned Addl.P.P. for the State has submitted that the injury is on vital part caused by sharp weapon and might be dangerous to life.

Patna High Court CR. MISC. No.54607 of 2022(2) dt.03-02-2023 2/2 The Medical Officer has found the injuries simple. There is nothing in the report indicating that the doctor has opined it to be dangerous to life. The petitioner is a person of clean antecedent. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail 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, Samastipur in connection with Warisnagar P.S. Case No. 224 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) SONALI/- U T