Patna High CourtCR. MISC./11963/2024bail granted

Zahangir v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11963 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Zahangir Son of Tabrej Resident of Vill.-Kakan, Tola Urhan, Ward No.10, P.S.-Jokihat, Distt.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Naushaduzzoha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jokihat P.S. case No. 380 of 2023 instituted for the offences under Sections 341, 323, 324, 325, 307, 506/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the when the husband and father-in-law of the informant were returning to home from market, petitioner gave a farsa blow on the head of her husband and co-accused Ishaque assaulted by means of axe on the head of her father-in-law.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. 27 persons have

Patna High Court CR. MISC. No.11963 of 2024(2) dt.27-02-2024 2/2 been named in the F.I.R. including the petitioner. There is delay of three days in lodging the F.I.R. The injury reports suggest that the injuries consist of lacerated wound and for one injury, the doctor has reserved his opinion. The petitioner is in custody since 05.09.2023 and has no criminal antecedent. Co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 12.01.2024 passed in Cr. Misc. No. 248 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jokihat P.S. case No. 380 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T