Tanvir @ Md. Tanvir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61409 of 2024 Arising Out of PS. Case No.-245 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== Tanvir @ Md. Tanvir S/O Nurhasan @ Md. Nurhasan R/O Vill- Madhopur, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Chhatapur P.S. Case No. 245 of 2020, registered on 27.09.2020 for the offences under Sections 147, 148, 323, 324, 325, 504, 506, 307 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other co-accused persons assaulted the informant and her family members causing a number of injuries to them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The present case is counter blast of Chhatapur P.S. Case

Patna High Court CR. MISC. No.61409 of 2024(2) dt.21-09-2024 2/3 No. 244 of 2020 from which it is apparent that the informant side is aggressor. The petitioner and the informant are covillager and the informant has not assigned any reason for the alleged occurrence and just stated that the petitioner and other co-accused persons assaulted them which is not believable. Learned counsel further submits that the allegation is that of giving sword blow on the head of the husband of the informant but the injury report shows a lacerated wound on the head of the husband of the informant and injury is stated to be simple caused by hard and blunt object which falsifies the allegation against the petitioner. Learned counsel further submits that the investigating officer after conclusion of the investigation submitted charge sheet under Section 308 and other sections of the IPC against the petitioner and other co-accused persons and did not send up five other co-accused persons for facing trial. The petitioner has got no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that only allegation against the petitioner is of giving sword blow to the husband of the informant and no

Patna High Court CR. MISC. No.61409 of 2024(2) dt.21-09-2024 3/3 corresponding injury has come on record and further considering the counter version of the case, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul/concerned court in connection with Chhatapur P.S. Case No. 245 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T