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Patna High CourtCR. MISC./4218/2025bail granted

Raushan Khatun v. The State Of Bihar

2025-02-12Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4218 of 2025 Arising Out of PS. Case No.-597 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Raushan Khatun D/o- Late Husaini Sah, W/o- Khurshid Sah Village- Mohani Sakrauli Ps- Nanpur Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nanpur P.S. Case No. 597 of 2024 dated 16.11.2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S.

3. As per the prosecution case, the informant alleges that some altercation was going on with the petitioner and the co-accused persons for correction in survey in the share of ancestral land. In the meantime, the informant's brother Md. Haidar asked to show the paper of land then the petitioner and the co-accused persons started abusing and said that paper is not necessary, entire land is their own property and gave threatening

Patna High Court CR. MISC. No.4218 of 2025(2) dt.12-02-2025 2/3 to kill. It is further alleged that in the morning, when the informant was going towards the land, then all the accused persons surrounded him and out of them one Md. Kaish stabbed a knife in the stomach of the informant due to which he became unconscious and fell down on the earth. On seeing the situation, all the accused persons fled away from there. Thereafter, the villagers informed the same to his family members then the informant was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is specific allegation against the co-accused, Md. Kaish who assaulted with knife on the informant in his stomach. There is no specific allegation against the petitioner for any kind of overt act. The entire allegation against the petitioner is general and omnibus. Learned counsel for the petitioner has submitted that both the sided are agnates and there is land dispute between the parties. It is further submitted that the petitioner is in custody since 07.12.2024 and having no criminal antecedent.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.4218 of 2025(2) dt.12-02-2025 3/3 of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of S.D.J.M., Pupari at Sitamarhi in connection with Nanpur P.S. Case No. 597 of 2024.

(Khatim Reza, J) shivam/- U T