Nanhe @ Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5670 of 2023 Arising Out of PS. Case No.-240 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== NANHE @ KHURSHID S/O MD. MAHMOOD MIYAN Resident of Village- Sherpur (Nat Tola), P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 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 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of assaulting the son of the informant due to which he succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no specific overt act against the petitioner rather general and omnibus allegation has been levelled against him. The specific overt act of assaulting to the informant's son is against other co-accused

Patna High Court CR. MISC. No.5670 of 2023(2) dt.10-04-2023 2/2 person. He further submitted that nothing cogent material came against the petitioner to implicate in this case. Moreover, petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.11.2022.

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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 240 of 2022.

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