Md. Sakil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18622 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- GURUA District- Gaya ====================================================== Md. Sakil Khan S/O Late Zayaul Hassan R/V- Gamharia, P.S.- Garua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 447, 341, 323, 307, 379, 435, 34 of the Indian Penal Code. As per FIR, the allegation against the petitioner along with co-accused persons is that they armed with various weapons came and started assaulting the informant due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. He has got no criminal antecedent. There is case and counter

Patna High Court CR. MISC. No.18622 of 2023(2) dt.17-05-2023 2/3 case between the parties and both parties have sustained injuries in separate occurrence. There is no specific allegation of assaulting attributed against the petitioner and as per injury report, which is annexed as Annexure-2, where doctor opined injury simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 27.12.2022.

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 Gurua P.S. Case No. 206 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Sherghati, Gaya.

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

Patna High Court CR. MISC. No.18622 of 2023(2) dt.17-05-2023 3/3