Petitioner sought regular bail for an assault case under Section 307 IPC alleging a dagger blow. Despite a compromise and counter-case, bail was rejected as the injured victim's statement supported the prosecution allegation.
Application for regular bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29364 of 2021
Arising Out of PS. Case No.-280 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
MD. FARYAD Son of Md. Abbas Resident of Village - Khorwa, P.S.Muffasil, Katihar, Distt.- Katihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 10-12-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.
As per the prosecution case, the petitioner is stated to have given a dagger blow on Md. Ibrar causing serious injuries.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is case and counter case between the parties, the case lodged by the petitioner being earlier in time. No case under section 307 of the Indian Penal Code is made out. The petitioner is in custody since 11.6.2020 and a compromise has been arrived at between the parties.
Patna High Court CR. MISC. No.29364 of 2021(3) dt.10-12-2021 2/2
The application for bail is opposed by learned APP for the State who submits that the petitioner is the assailant and the allegation against the petitioner is supported by the injured Md. Ibrar in his statement under section 161 Cr.P.C.
Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of having given a dagger blow on Md. Ibrar which is supported by the said Md. Ibrar in his statement recorded in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether the petitioner should be granted regular bail in a case alleging attempt to commit grievous hurt?
Whether a compromise and counter-case justify rejection of bail when prosecution witness supports the allegation?
2 provisions across 1 enactments
Md. Faryad
Md. Ibrar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
