Mir Shamim @ Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77788 of 2019 Arising Out of PS. Case No.-713 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Mir Shamim @ Md. Shamim, aged about 50 years, Male, Son of Md. Rasool, Resident of Village Jhirua West, Ward No. 12, P.S. Simraha (Forbisganj), District Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate Mr. Vijay Anand, Advocate Ms. Preety Kunwar, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2020 Heard both sides.

The petitioner seeks bail in Forbesganj (Simraha) P.S. Case No.713 of 2017, registered under Sections 448, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. The informant alleged that the petitioner Mir Shamim @ Md. Shamim assaulted the informant with with farsa on his head. When the younger brother of the informant came to rescue the informant, the accused persons also assaulted him. Learned counsel for the petitioner submits that the police after investigation submitted chargesheet under Sections 448, 323 and other minor sections of the Indian Penal Code. The injury found on the head of the informant is simple in nature but

Patna High Court CR. MISC. No.77788 of 2019(3) dt.17-03-2020 2/2 the learned Judicial Magistrate took cognizance under Section 307 of the Indian Penal Code. The petitioner is in custody since 03.09.2019. The petitioner has already remained in jail for more than six months.

Taking into consideration the facts that on account of assault made by the petitioner with farsa on the head of the informant, simple injury was caused to the informant and for that the petitioner is in jail for more than six months, petitioner, namely, Mir Shamim @ Md. Shamim is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Vth, Araria in connection with Forbesganj (Simraha) P.S. Case No.713 of 2017.

(Prabhat Kumar Jha, J) S.KUMAR/- U T