Md. Shahnawaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68523 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== MD. SHAHNAWAJ S/o Md. Israil Resident of Village - Simrahi, P.S. - Raghopur, District - Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivek Kumar, Advocate For the Informant :
Mr.Kumar Ravi Shankar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 447, 354B, 379 and 504 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that the petitioner along with other named accused persons came to the house of the informant and on orders of Israil Miyan, accused petitioner assaulted the husband
Patna High Court CR. MISC. No.68523 of 2021(3) dt.25-04-2022 2/3 of the informant by sword on hand, further Md. Sajjad assaulted informant's daughter indiscriminately by an iron rod on her head causing injury and Md. Karim assaulted Azam by sword on hand and thereafter Md. Sajjad assaulted the informant by an iron rod and tore her clothes and the petitioner also snatched her chain. It is alleged that the occurrence took place on account of a land dispute.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, the F.I.R. has been instituted after a delay of five days without any plausible explanation, further it is submitted that even presuming what has been alleged is true against the petitioner, without admitting, then also the injury inflicted on the injured is simple in nature and is on the non-vital part of the body. Learned counsel for the informant and learned A.P.P. for the State oppose the prayer for bail of the petitioner but are not able to meet the submissions advanced by the learned counsel for the petitioner.
Considering the fact that the petitioner is in custody since 31.08.2021, is a person with clean antecedent, chargesheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for
Patna High Court CR. MISC. No.68523 of 2021(3) dt.25-04-2022 3/3 the petitioner, let the petitioner above named be released on bail 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 court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 76 of 2021. (Satyavrat Verma, J) Rishi/- U T