Patna High CourtCR. MISC./15898/2024allowed

Sami Ahmad @ Lathi v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15898 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Sami Ahmad @ Lathi son of Mister Miya Resident of village- Bathua Line Bazar, Ps- Mirganj Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shrinath Manjhi, Adv.

For the State :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

3. As per FIR, the petitioner along with others is said to have assaulted the informant by means of knife due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.15898 of 2024(2) dt.14-03-2024 2/2 petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.12.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., Gopalganj in connection with Mirganj P.S. Case No. 401 of 2023.

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