Md. Kaif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66602 of 2021 Arising Out of PS. Case No.-295 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Kaif Son Of Md. Anjar Resident Of Village- Paharpur- Chakabdullah, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Md. Fahimuddin For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 03.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that the accused persons including the petitioner intercepted the son of the informant and started abusing and assaulting by slaps and fists on account of land dispute. Further, Md. Gaus Imam gave knife blow causing

Patna High Court CR. MISC. No.66602 of 2021(2) dt.13-04-2022 2/3 injury in the stomach of the victim.

The learned counsel for the petitioner submits that from bare perusal of the F.I.R., it would manifest that specific allegation of assault by knife is against Md. Gaus Imam and the petitioner is alleged to have been present at the place of occurrence. It is further submitted that the victim and the informant after one month from the occurrence in the statement under Section 161 of the Cr.P.C. alleged that petitioner gave knife blow to the victim. The learned counsel submits that by way of after thought, the petitioner has been implicated. It is submitted that if the petitioner had committed the occurrence, then definitely in the F.I.R., the informant would have been named the petitioner.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and one month after the occurrence the informant and the victim took his name as aforesaid, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.66602 of 2021(2) dt.13-04-2022 3/3 satisfaction of learned Court below where the case is pending in connection with Sakra P. S. Case No.295 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T