Md. Shahbaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72328 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== Md. Shahbaz, Son Of Late Mustuf Resident Of Village - Jorawarganj, Ward No. - 11, P.S. - Kumarkhand, District - Madhepura. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sinha For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 324, 379, 504, 506/ 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 26.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.
The learned counsel for the petitioner submits that the informant alleges that on 24.06.2021 at about 4.00 P.M., he went to the house of the petitioner for asking his dues of Rs.2,000/- with regard to fertilizer on which the petitioner assaulted the informant with sword causing injury on his rib. Thereafter, it is
Patna High Court CR. MISC. No.72328 of 2021(2) dt.13-05-2022 2/3 alleged that informant's father also went there and was assaulted by Md. Iliyas by an iron rod on his head and thereafter, it is alleged that the petitioner and the named accused persons assaulted the informant and his family members with lathi, rod and khanti, who came to rescue him and also snatched Rs.15,00/- from the informant's pocket.
The learned counsel for the petitioner submits that petitioner is agnate and next-door neighbour as pleaded in Para10 of the bail application. Further, there is a case and countercase. It is submitted that no doubt, the occurrence has taken place, but then the assault was not repeated. It is also submitted that one of the injuries is grievous in nature. It is next submitted that the petitioner is not a criminal and on account of altercation between the side of the informant and the petitioner regarding dues amount, the occurrence took place. It is also submitted that petitioner is not a criminal.
Learned A.P.P. 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 this case and there is a case and counter-case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.72328 of 2021(2) dt.13-05-2022 3/3 Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kumarkhand P. S. Case No.177 of 2021.
However, it is made clear that if the learned Court below comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned Court below shall forthwith cancel his bail bonds after recording reasons and take all coercive steps to send him behind bars. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T