Md. Jamshed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70862 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== MD. JAMSHED S/O MD. NASHIM @ MD. MUBARAK Resident of village- Parshuram Shivajee, Nagar, P.S.- Hathauri, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhimanyu Sharma For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504 and 34 of the Indian Penal Code. Allegation against the petitioner is that he has assaulted the informant with the bricks causing injury on her head.
Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. victim is simple in nature. He submits that there is case and counter case between the parties and both sides have sustained
Patna High Court CR. MISC. No.70862 of 2022(2) dt.14-03-2023 2/2 injury and the injury was found simple in nature, it is clear from the case diary itself. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for bail. Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hathauri P.S. Case No. 96 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T