This order grants bail to the petitioner in a case involving assault and injury under Section 307 IPC. The court held that the petition was meritorious giving the incident has been tried and results of the investigation is complete.
Petitioner allowed bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17895 of 2022
Arising Out of PS. Case No.-423 Year-2020 Thana- KANTI District- Muzaffarpur
======================================================
MD. AFTAB @ MD.AFTAB ALAM Son of Md. Haidar Resident of Village - Nurullahpur, Bangra Choupan, P.s.- Kanti, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr.Fahimuddin ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 25-05-2022
Heard learned counsel for the parties.
The petitioner seeks bail in a case registered for the
offence under Section 307 & other allied sections of the Indian
Penal Code.
As per the F.I.R., this petitioner assaulted the daughter of the informant by garasa, whereas, co-accused Md. Nazim inflicted rod blow to her.
It is submitted on behalf of petitioner that daughter of the informant sustained four injuries, out of which, injury no. (ii) and (iii) have been found to be simple in nature caused by hard & blunt substance. There is case and counter case and both sides sustained injury. Petitioner is in custody since 21.11.2021. Investigation is complete.
Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.17895 of 2022(2) dt.25-05-2022 2/2
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 Judicial Magistrate 1st Class, Muzaffarpur (West) in connection with Kanti P.S. Case No. 423 of 2020.
(Prabhat Kumar Singh, J)
anay/-
U T
1 issue framed by the court
Whether the petition seeking bail in a case under Section 307 IPC should be allowed on the facts of a case and counter case.
Md. Aftab @ Md. Aftab Alam
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
