Md. Ajim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70381 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== Md. Ajim Son Of Md. Ejub R/O Village- Chainpur, Ward No.1, P.S.- Srinagar, District- Madhepura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Srinagar P.S. Case No. 84 of 2022 lodged under Sections 341, 323, 325, 307, 354(B), 379, 504, 506, 34 of the I.P.C. As per the prosecution case, the allegation against 12 named accused persons are that they have assaulted brutally to the informant's side on 17.07.2022 at about 01:30 P.M. The allegation against the petitioner is that he has assaulted by dabiya on the head of the informant.
Learned counsel for the petitioner submits that for the said date and time, there were 2 cases instituted by both the
Patna High Court CR. MISC. No.70381 of 2022(2) dt.25-03-2023 2/3 parties. The another F.I.R. which has been filed by the accused persons by the mother of the informant, which is Annexure-3. Counsel submits that both are the family members and due to land dispute, the open scuffling takes place between the parties, in result, this injury has been caused. Counsel further submits that there is one criminal case pending against the petitioner and he is in custody since 27.08.2022.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Madhepura in connection with Srinagar P.S. Case No. 84 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
Patna High Court CR. MISC. No.70381 of 2022(2) dt.25-03-2023 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T