← Library
Patna High CourtCR. MISC./7468/2023bail granted

Sk Aslam @ Bikau v. The State Of Bihar

2023-04-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7468 of 2023 Arising Out of PS. Case No.-356 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Sk Aslam @ Bikau Son Of Alim Sheikh R/V- Deoliya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code.

As per allegation in the FIR, while the son of the informant went to market for purchasing domestic goods, under a conspiracy, all accused persons on the order of Md. Shekh and Md. Murayan assaulted him by giving knife blow on his right side of chest. With help of villagers, he was taken to hospital where doctor declared him dead.

Learned counsel for the petitioner submits that the petitioner is quite innocent and have committed no offence and has been falsely implicated in this case due to village politics. He further submits that the allegation against him is general and omnibus in nature. Doctor has found only one knife injury upon

Patna High Court CR. MISC. No.7468 of 2023(2) dt.18-04-2023 2/2 the son of the informant. He further submits that co-accused Ekrar Alam and Arafat Alam have already been granted bail by a coordinate bench of this Court vide order dated 23.03.2023 passed in Cr. Misc No.646 of 2023. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran in connection with Shikarpur P.S. case no. 356 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/AjayU T