Md. Imamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72318 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- JALE District- Darbhanga ====================================================== Md. Imamuddin S/O Md. Abbas R/O Village- Pithariya Khurd, P.S- Jalley, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 324, 325, 307, 427, 379, 504 and 506/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant by means of iron rod, sword, farsa and lathi, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. He submitted that according to prosecution case the allegation

Patna High Court CR. MISC. No.72318 of 2023(2) dt.09-11-2023 2/2 against the petitioner is that he assaulted the informant by means of sword due to which he sustained injury on his head but the injury shows that the informant sustained injury on his cheek. He further submitted that the injury report is not in consonance with the prosecution case. He is languishing in judicial custody since 01.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Jale P.S. Case No. 102 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T