Shamsad Nadaf @ Shamsad @ Samsad Nadaf @ Samsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78706 of 2023 Arising Out of PS. Case No.-328 Year-2023 Thana- BISFI District- Madhubani ====================================================== Shamsad Nadaf @ Shamsad @ Samsad Nadaf @ Samsad Son Of Fulhasan @ Fulhasan Nadaf R/O Village- Simari Tole, Dubiyahi, P.S.- Bisfi, DistrictMadhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bisfi P.S. case No. 328 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 354(B), 427, 379, 504 and 506/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons including the petitioner, variously armed, came to the house of the informant and threatened him to vacate his land. The informant protested thereafter the accused persons assaulted the informant and also the family members due to which they sustained injuries.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.78706 of 2023(2) dt.07-12-2023 2/2 the petitioner is in custody since 04.09.2023 and has no criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties in which both the parties sustained injuries. The doctor has found the injuries caused by hard and blunt substance. There is delay of 14 delays in lodging the F.I.R.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the case and counter case between the parties and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bisfi P.S. case No. 328 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T