Md. Bechan @ Md. Dilsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8674 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- PALASI District- Araria ====================================================== MD. BECHAN @ MD. DILSAD Son of Md. Jainul Resident of VillageShyampur, Ward No.-12, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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, 341, 323, 324, 307, 354B, 379, 504, 506/34 of the Indian Penal Code and later on Section 302 of the IPC was also added.

As per FIR, the allegation against the petitioner including this petitioner is that they assaulted the informant and his family members due to money altercation. It is further alleged that they also looted several ornaments and

Patna High Court CR. MISC. No.8674 of 2023(3) dt.19-05-2023 2/3 other articles from the house of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was merely a member of mob and due to previous enmity he has falsely been implicated in this case. The FIR has been lodged after delay of two days without given any cogent reason and there is no specific allegation of assaulting attributed against the petitioner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.09.2022.

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 Palasi P.S. Case No. 278 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.8674 of 2023(3) dt.19-05-2023 3/3 amount each to the satisfaction of learned A.C.J.M., Ist Araria.

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