Md. Moshaheb Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Moshaheb Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (Town) P.S. Case No. 260 of 2024, subject to the condition that he cooperates in the disposal of trial and makes himself available as and when required by the court.

Issue for consideration

Whether the petitioner, an accused in Bettiah (Town) P.S. Case No. 260 of 2024 registered for offences punishable under Sections 323, 341, 324, 307, 504/34 IPC and stated to be in custody since 13.06.2024, should be released on regular bail.

Court's answer

Regular bail granted: the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (Town) P.S. Case No. 260 of 2024.

Ratio / Principle

The bail grant is subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Criminal Miscellaneous No.24953 of 2025, High Court of Judicature at Patna (oral order dated 01-05-2025, Nawneet Kumar Pandey, J): Regular bail granted to petitioner Md. Moshaheb in connection with Bettiah (Town) P.S. Case No. 260 of 2024 (District West Champaran), registered for offences punishable under Sections 323, 341, 324, 307, 504/34 IPC. Allegation: accused persons assaulted the informant with a brick and, on the petitioner's exhortation, inflicted a blade injury on his neck causing a cut injury. Petitioner's counsel pleaded false implication and a single simple injury; custody since 13.06.2024 was stated in submissions. Bail ordered on bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, subject to the condition that the petitioner cooperates in the disposal of trial and remains available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24953 of 2025

Arising Out of PS. Case No.-260 Year-2024 Thana- BETTIAH CITY District- West Champaran

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

Md. Moshaheb S/o- Jamadar Mian Village- Baswariya Ward No. 19 PSBettiah Town District-West Champaran

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 01-05-2025

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bettiah (Town) P.S. Case No. 260 of 2024, registered for the offences punishable under Sections 323, 341, 324, 307, 504/34 of the Indian Penal Code.

As per allegation, the accused persons assaulted the informant by brick and on exhortation of the petitioner, they had inflicted blade on his neck which caused cut injury of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is only one injury on the person of the injured, which is simple in nature. The petitioner is under

Patna High Court CR. MISC. No.24953 of 2025(2) dt.01-05-2025 2/2

custody since 13.06.2024.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 260 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

Nirmal/- U T