Md. Hasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83824 of 2019 Arising Out of PS. Case No.-254 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== Md. Hasim Son of Md. Tasruddin Resident of Village - Mohanpur, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhatapur P.S. Case No. 254 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 354A and 379 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and her family members. The specific allegation of assault resulting in grievous injury is on the co-accused person, namely, Md. Naushad, Md. Shamshad, and Md. Dilshad. However, there is no allegation as far as coaccused Md. Mofil and the petitioner are concerned, regarding them having assaulted the informant or her family members. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.83824 of 2019(2) dt.17-12-2019 2/2 that as far as the the petitioner is concerned, there is no specific allegation of any sort of overt act, hence he is entitled for the privilege of bail. It is further submitted that the petitioner is having a clean antecedent and the co-accused person, namely, Md. Mofil has already been granted bail on 11.12.2019 passed in Criminal Misc. No. 82209 of 2019.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 254 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T