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Patna High CourtCR. MISC./4824/2023allowed

Annu Rahman @ Md. Sadruddin v. The State Of Bihar

2023-04-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4824 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== ANNU RAHMAN @ MD. SADRUDDIN Son of Md. Islam @ Mohammad Isalam R/V- Kazichak, P.S- Koilwar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 447, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution story, in brief, is that when the informant along with his brother was at his house, in the meantime, the accused persons including the petitioner came and assaulted them. During course of incident, co-accused Krishna Kumar and Gulshan Kumar fired on the informant due to which he sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.4824 of 2023(2) dt.06-04-2023 2/2 petitioner is not named in FIR rather he has falsely been implicated in this case due to ulterior motive. From perusal of FIR, the specific allegation of firing is against co-accused namely, Krishna Kumar and Gulshan Kumar. As per impugned order, it appears that the injury sustained injured is simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 20.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahpur P.S. Case No. 325 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistate, Bhojpur at Ara. (Sunil Kumar Panwar, J) Amandeep/- U T