Sheikh Sultan @ Md. Sultan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17435 of 2025 Arising Out of PS. Case No.-85 Year-2023 Thana- SATHI District- West Champaran ====================================================== Sheikh Sultan @ Md. Sultan S/o- Sheikh Bari Village- Sirisiya Ps- Sathi DistWest Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Kumar Verma, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Sathi P.S. Case No. 85 of 2023, instituted for the offences punishable under Sections 147, 149, 341, 323, 307, 427 and 504 of the Indian Penal Code.
3. The prosecution case, in short, is that, an orchestra programme was going on in a marriage party, the petitioner along with other co-accused persons came and broke the light. They started to outrage the modesty of the ladies dancer and when the same was opposed by the injured Abdul Miyan they assaulted him with iron rod on his head and also assaulted Sukat Miyan.
4. Earlier the petitioner had moved before this Court
Patna High Court CR. MISC. No.17435 of 2025(2) dt.19-03-2025 2/3 with a prayer for anticipatory bail which was rejected vide order dated 20.09.2024 passed in Cr. Misc. No. 30512 of 2024 on the ground of there being direct allegation of assault against him.
5. Learned counsel for the petitioners submits that the petitioner is innocent and has committed no offence as alleged against him and have falsely been implicated in the present case due to enmity emanating from pattidari dispute. The parties are agnates and co-villagers and they are having land dispute from before. Learned counsel for the petitioner submits that all the seven named accused persons including the petitioner have been arraigned with general, vague and sweeping allegation without there being any specific allegation attributable to any of them. The petitioner is languishing in judicial custody since 17.10.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that the co-accused Mojibur Rahman has already been granted bail by this Court vide order dated 20.09.2024 passed in Cr. Misc. No. 30512 of 2024. He further submits that the co-accused Sheikh Nejamuddin @ Nejamuddin has also been granted bail by this Court vide order dated 22.03.2024 passed in Cr. Misc. No. 21295 of 2024. Charge-sheet has been submitted in this case.
6. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.17435 of 2025(2) dt.19-03-2025 3/3 the prayer for grant of bail to the petitioner, stating that there is specific and direct allegation against the petitioner and on another co-accused Altaf Raja of assaulting Abdul Mian with rod due to which he sustained injury over his head which is also corroborated by the injury report.
7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sathi P.S. Case No. 85 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T