Sk. Abadul @ Sk. Abdul @ Sk. Noor Vasan @ Md. Noorvasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13179 of 2023 Arising Out of PS. Case No.-452 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Sk. Abadul @ Sk. Abdul @ Sk. Noor Vasan @ Md. Noorvasan Son of Sk. Israfil R/v- Khadda Kunjlahi, P.S.- Nautan, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code. Later on Section 302 of the IPC was added.
As per prosecution case, on 01.11.2022 while the informant was sitting at his door, in the meantime due to money dispute, his neighbours came there and started abusing the informant and when the informant had objected to the same, the accused person namely Shekh Allauddin and other co-accused namely Shekh Affzal had caught hold of the informant, whereupon the Shekh Jalauddin had assaulted on the left hand of the informant causing fracture injury. It is further alleged that
Patna High Court CR. MISC. No.13179 of 2023(3) dt.11-07-2023 2/3 other co-accused persons had also assaulted the informant with fists and slaps.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to ulterior motive of the informant. There is general and omnibus allegation against the petitioner. The specific allegation of assaulting is against co-accused Sekh Jallaudin. The other co-accused persons have already been granted bail by other co-ordinate Bench of this Court vide order dated 02.01.2023 passed in Cr. Misc. No. 6725 of 2022 and 22089 of 2022. It is also submitted that petitioner is languishing in judicial custody since 11.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 in connection with Nautan P.S. Case No. 452 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten
Patna High Court CR. MISC. No.13179 of 2023(3) dt.11-07-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-Vth, Bettiah, West Champaran. (Sunil Kumar Panwar, J) lata/- U T