Patna High CourtCR. MISC./9427/2024allowed

Azam v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9427 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- JOKIHAT District- Araria ====================================================== AZAM S/O LATE ZAHIR R/O VILLAGE- UDA, WARD NO. 2, P.SJOKIHAT (MAHALGAON), DISTT- ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is that he along with other co-accused persons assaulted the daughter of the informant by fists, slap and fighter due to which she sustained injury and died during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it appears the specific allegation is against co-accused Sageer and

Patna High Court CR. MISC. No.9427 of 2024(2) dt.20-02-2024 2/2 Saddam who assaulted the daughter of the informant due to which she succumbed to injury. There is general and omnibus allegation of assaulting against this petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 6.9.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Jokihat (Mahalgaon) P.S. Case No. 410 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria.

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