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Patna High CourtCR. MISC./64802/2023allowed

Md. Noor Islam @ Md. Noor Salam v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64802 of 2023 Arising Out of PS. Case No.-298 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Noor Islam @ Md. Noor Salam Son Of Late Md. Asruddin @ Asiruddin Resident Of Village - Islampur, P.S. - K. Nagar, District - Purnea ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Diksha Kumari For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner and other co-accused persons is that they assaulted the husband of informant with fists and slap. Specific

Patna High Court CR. MISC. No.64802 of 2023(3) dt.06-11-2023 2/3 allegation against the petitioner is that he assaulted the informant's husband with dabiya due to which he sustained injuries over his head.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case in the background of land dispute. Moreover, the petitioner is languishing in judicial custody since 23.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with K. Nagar P.S. Case No. 298 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.64802 of 2023(3) dt.06-11-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia. (Sunil Kumar Panwar, J) Nirajkrs/- U T