Md. Yashin @ Md. Yashin Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62243 of 2023 Arising Out of PS. Case No.-21 Year-2021 Thana- SAKATPUR District- Darbhanga ====================================================== Md. Yashin @ Md. Yashin Nadaf Son Of Late Jumrati Nadaf Resident Of Village - Ujan Kanakpur, P.S. - Sakatpur, District - Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-09-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 23.04.2022 in connection with Sakatpur P.S.Case No. 21 of 2021,(C.R.I.No.1672 of 2021) corresponding to S.T.No.300 of 2022, F.I.R. dated 05.05.2021 registered for the offence punishable under Sections 341,324,307,354(b)/34 of IPC.
3. Allegation against the petitioner is that he assaulted to the informant by means of knife causing injury on his right side of abdomen.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that due to some order of the case, the present occurrence had taken
Patna High Court CR. MISC. No.62243 of 2023(2) dt.27-09-2023 2/3 place and there was no intention to assault the informant and as per allegation in the FIR the petitioner has assaulted to the informant by knife blow and he has received injury but the injury report of the informant suggests that although he has received four injuries but all the injuries are simple in nature and the police, after investigation, submitted chargesheet against the and the petitioner is in custody since 23.04.2022.
5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-11, Darbhanga in connection with Sakatpur P.S.Case No. 21 of 2021, (C.R.I.No.1672 of 2021) corresponding to S.T.No.300 of 2022, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.62243 of 2023(2) dt.27-09-2023 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T