Md Aftab Alam @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19858 of 2024 Arising Out of PS. Case No.-65 Year-2019 Thana- RUPAULI District- Purnia ====================================================== Md Aftab Alam @ Pappu Son of Md. Kifayat Alam @ Md. Kaifayat @ Md. Kifayatullah Resident of Vill.-Chapahari, P.S.-Rupouli, Distt.-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP For the Informant :

Mr. Indrajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-04-2024

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Rupouli P.S. Case no. 65 of 2019 registered under sections 307, 147, 148, 149, 341, 323, 324, 325, 354 and 448 of the Indian Penal Code.

3. As per the prosecution case, 21 named accused persons including the petitioner herein are said to have come variously armed. The petitioner is said to have assaulted Mithilesh Sah with a farsa on his head.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected twice, the last being vide order dated 19.5.2023 passed in Cr. Misc. no. 22149 of 2023, giving liberty to the petitioner to renew his

Patna High Court CR. MISC. No.19858 of 2024(3) dt.03-04-2024 2/2 prayer for bail after completing one year in custody. The petitioner has remained in custody for more than 1 year since 24.1.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against this petitioner of having assaulted with a farsa on the head of one Mithlesh Sah. The injury on vital part of the body has been found to be grievous in nature.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the observation given in the last order of rejection dated 19.5.2023 and the petitioner having remained in custody for more than one year since 24.1.2023, the petitioner is directed to be enlarged on bail in connection with Rupouli P.S. Case no. 65 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. (Partha Sarthy, J) Harsh/- U T