Petitioner sought bail in a case involving assault and attempted murder charges where the FIR alleged stabbing of the informant. Court granted bail after ignoring procedural defects noted by the office.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of similar amount to Additional Chief Judicial Magistrate-IX, Siwan.
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.9350 of 2023
Arising Out of PS. Case No.-336 Year-2021 Thana- HUSSAINGANJ District- Siwan
======================================================
Faisal Imam Son Of Syed Zafar Imam R/O Village- Chhapiya Buzurg, P.S.Hussainganj, District- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Syed Asgher Najmi For the Opposite Party/s : Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 07-07-2023
The defects, as pointed out by the office is
hereby ignored.
Heard learned counsel for the petitioner,
informant and learned A.P.P appearing on behalf of the
State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.
The prosecution case as per F.I.R is that all the
F.I.R named accused persons including the petitioner
assaulted the informant and his maternal uncle. It is
Patna High Court CR. MISC. No.9350 of 2023(4) dt.07-07-2023 2/3
specifically alleged against this petitioner that he assaulted with sword on the head of the informant, as a result of which the informant received cut injury and fell on the ground.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is alleged to have assaulted with sword on head of the informant but the injury report of the informant does not corroborate the case of the informant as against the petitioner. The petitioner’s side has also lodged Hussainganj P.S. Case No. 340 of 2021 against the informant and others. The petitioner is languishing in custody since 27.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.9350 of 2023(4) dt.07-07-2023 3/3
Considering the facts aforesaid and the period
under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Siwan in connection with Hussainganj P.S. Case No. 336 of 2021.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in offences under Sections 341, 323, 324, 307, 379, 504, 34 of the IPC.
Faisal Imam Son Of Syed Zafar Imam
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
