Allowed

Salim @ Md.Salim v. The State of Bihar

Patna HC7 Apr 2022CR. MISC./56255/2021

Case brief

AI extract

What is this about?

A single judge of the Patna High Court granted bail to the petitioner, an accused in a criminal case involving assault and attempted murder, after considering the discrepancy between allegations and injuries found, the arrest date, and the co-accused's bail status.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 20,000 each with two sureties to the C.J.M. Bettiah, with conditions to cooperate in trial and appear for every date.

Salim @ Md.Salim Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56255 of 2021

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Arising Out of PS. Case No.-377 Year-2020 Thana- NAUTAN District- West Champaran

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======================================================

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Salim @ Md. Salim Son of Sheikh Allauddin Resident of Village- Khadda Kunjlahi, Police Station- Nautan, District- West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar ===============	... ... Opposite Party/s =======================================
Appearance :
For the Petitioner/s	: Mr. Ram Adya Singh, Advocate.
For the State	: Mr. Murli Dhar,APP.
For the Informant ===============	: Mr. Md. Anis Akhtar, Advocate. =======================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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3 07-04-2022

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Heard learned counsel for the petitioner as well as

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learned Additional Public Prosecutor for the State.

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The present application has been filed on behalf of the

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petitioner, above named, for grant of regular bail to the petitioner who has been made accused and put behind the bars in connection with Nautan P. S. Case No. 377 of 2020 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

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As per the prosecution case, it is alleged that on 05.09.2020, all the accused persons came to the house of the informant and one Nasim @ Nasim Alam as well as Salim @ Md. Salim (the petitioner) assaulted the informant with farsa over the head of the informant due to which he sustained head

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Patna High Court CR. MISC. No.56255 of 2021(3) dt.07-04-2022 2/4

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injury and fell down. It is further alleged that other accused persons snatched the valuables from the informant and they also assaulted him with Lathi .

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Learned counsel for the petitioner submits that the occurrence is said to have been taken place place on 05.09.2020 but fardbayan has been recorded on 08.09.2020 and this case has been registered on 01.10.2020. It has further been submitted that Nasim @ Nasim Alam has also lodged Nautan P. S. Case No. 130 of 2021 against the informant and others. The copy of which is annexed as Annexure 2. It is next submitted that earlier the co-accused Nasim @ Nasim Alam and this petitioner had moved before this Hon’ble Court for grant of anticipatory bail, though during the pendency of the anticipatory bail application, the petitioner was arrested and hence, this application became infructuous. So far co-accused Nasim @ Nasim Alam is concerned, he has been granted anticipatory bail in Cr. Misc. No. 5264 of 2021 vide order dated 12.08.2021. It is next submitted that the petitioner is in custody since 02.06.2021. Moreover, the allegation levelled in the F.I.R. is against both the accused persons that they inflicted farsa blow but only one injury has been found on the head of the injured.

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On the other hand, learned APP for the State

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Patna High Court CR. MISC. No.56255 of 2021(3) dt.07-04-2022 3/4

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opposes the bail application of this petitioner.

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Taking into consideration the submissions made on

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behalf of the parties and the materials available on record, it is evident that there is allegation of assault on two of the accused persons including this petitioner but only one injury has been found. This petitioner is in custody since 02.06.2021, apart from the facts that the co-accused person has already been granted anticipatory bail by the co-ordinate bench of this Hon’ble Court, let this petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Bettiah, West Champaran in connection with Nautan P. S. Case No. 377 of 2020, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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Patna High Court CR. MISC. No.56255 of 2021(3) dt.07-04-2022 4/4

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(iv) In the event of default of two consecutive dates

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without any cogent reason, his bail bonds will

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liable to be cancelled.

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(Harish Kumar, J)

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shakir/-

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U T

Salim @ Md.Salim v. The State of Bihar

Case brief

What is this about?

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Salim @ Md.Salim v. The State of Bihar

Case brief

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