Md. Gulzar v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 323, 324, 325, 341, 354, 379, 504, 506
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr.Arun, Advocate Mr.Yogendra Kumar, APP ORAL ORDER 2 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered under Sections 341, 323, 324, 325, 354, 307, 379, 504, 506/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant’s wife by means of lathi, fatta, fists and slaps. When the informant came for her rescue, petitioner assaulted on his head by means of sword and co-accused Md. Gulab assaulted on his head by means of iron rod causing ruptured wound on his head. The accused persons also snatched the mobile of the informant and silver chain and golden earrings of informant’s wife. It has been submitted on behalf of the petitioner that Patna High Court CR. MISC. No.15458 of 2023(2) dt.01-05-2023 the petitioner is in custody since 18.11.2022 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no chance of trial being concluded in near future. From perusal of the injury report i.e. Annexure3 to the present application, the nature of injury is said to be simple. Hence, no offence under Section 307 of I.P.C. is not made out. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kanauli P.S. case No.118/2022. Narendra/- U T (Sudhir Singh, J)
Precedent status how later indexed judgments have treated this case
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