Naimul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58120 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Naimul Haque S/O Naushad Ali R/O Village- Ziagachhi, Ps. Muffasil, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354B, 307, 379, 504, 506/34 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioner is that they due to money dispute they assaulted the informant's son due to which he sustained injury. It is further alleged that they also outraged the modesty of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous money dispute. As per Annexure-2, the injured sustained injury

Patna High Court CR. MISC. No.58120 of 2023(2) dt.04-09-2023 2/2 which was caused by hard and blunt substance but the doctor has not opined regarding nature of injuries, he has only given his opinion and during investigation no one stated that the petitioner caused the injury by hard and blunt substance. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar Muffasil P.S. Case No. 143 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T