Oral order granting bail to the petitioner in a criminal case involving offences under IPC Sections 307, 323, 324, 326 and 34. Bail was granted on furnishing a bond of Rs.10,000 with two sureties.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77972 of 2019
Arising Out of PS. Case No.-34 Year-2019 Thana- PATEPUR District- Vaishali
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MD. ASHLAM @ MD. ASLAM Son of Gulam Rasul Resident of VillageLohani Patti, P.S.- Patepur, District- Vaishali.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shiv Sager Sharma For the Opposite Party/s : Mr.Md. Matloob Rab ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 326, 307/34 of the Indian Penal Code.
Prosecution case is that on 11.02.2019 at about 11AM, informant namely Shankar Pandit went to the field of Abdul Salam for cutting Tori crops. It is further stated that after cutting the Tori crops, when the informant and other labours were hoarding the said Tori crops in the meantime, accused/petitioner and other accused named in the FIR reached there and they abused to the informant and other labours who were present there and they also started to take away the said Tori crops forcefully. On the protest, Md. Aslam (petitioner) gave farsa blow over the head of informant in order to kill him
Patna High Court CR. MISC. No.77972 of 2019(2) dt.02-12-2019 2/2
due to which blood oozed out from the head of informant and informant fallen down in senseless condition and other accused persons also made attack on the informant and other labours. Later on informant was got admitted at PHC, Patepur for treatment.
Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and real fact is that brother of this petitioner has also filed a case against the informant to this case so this false case has been lodged against the petitioner. He submits that there is land dispute between the parties and the injury found upon the informant is simple in nature. He submits that the petitioner bears no criminal antecedent and he is in jail since 30.08.2019.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Patepur Police Station Case No. 34 of 2019.
(Anjani Kumar Sharan, J)
devendra/- U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving offences under Sections 341, 323, 324, 326, and 307/34 IPC.
Md. Aslam @ Aslam
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
