Ajaharuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3464 of 2023 Arising Out of PS. Case No.-226 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== AJAHARUDDIN SON OF MD. SANAULLAH R/O VILLAGEBATERMARI, ANHARBAN, P.S.- LAUKHA, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sameer For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code, later on added Section 302 of the IPC.

The allegation against the petitioner along with others is of brutally assaulting the father of the informant due to which, he succumbed to injury. It is further alleged that when informant and his cousin brother tried to save him, the accused persons were also assaulted them.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation

Patna High Court CR. MISC. No.3464 of 2023(3) dt.03-05-2023 2/2 of assaulting against the petitioner. The allegation against the petitioner is that he assaulted the informant's father by means of farsa but from the perusal of the postmortem report, it appears that no injury was seen caused by farsa on the body of the deceased. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 16.05.2022 passed in Cr. Misc. No. 15499 of 2022. He is languishing in judicial custody since 12.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 226 of 2020.

(Sunil Kumar Panwar, J) arish/- U T