Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70667 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- KADWA District- Katihar ====================================================== Hassan, Son Of Garibul Hassan Vill . Palla Bari, Ward No. 8, P.S. Kadwa, District Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Adv.

For the State :

Mr. Chandra Sen Prasad Singh, APP For the Informant :

Mr. Md. Helal Ahmad, Adv.

Mr. Rupesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 123 of 2023, lodged on 16.06.2023 under Sections 323, 307 & 354 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the present petitioner against whom the allegation is that he has attacked by knife repeatedly on his cousin brother by which blood was started oozing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that informant and the petitioner both belongs to the same ancestor. Counsel for petitioner further submits that he has annexed the injury report in Annexure- 2 and 2/A and from the

Patna High Court CR. MISC. No.70667 of 2023(2) dt.09-11-2023 2/2 injury report, it transpires that all injuries are simple in nature. Counsel also submits that due to land dispute this event has occurred.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 17.06.2023.

6. Learned APP for the State and learned counsel for the informant vehemently opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Kadwa P.S. Case No. 123 of 2023, pending before the learned District and Sessions Judge-V, Katihar is hereby rejected.

9. However, the petitioner shall move for regular bail after framing of charge when the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) Divyansh/- U T