Patna High CourtCR. MISC./18113/2023bail granted

Md.Shahwaj @ Md.Shahwaj Alam v. The State Of Bihar

2023-05-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18113 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- SAKRI District- Madhubani ====================================================== MD.SHAHWAJ @ MD.SHAHWAJ ALAM SON OF MD MISHO @ SHIHAUL RESIDENT OF VILLAGE- BIRSAYAR, PS - SAKRI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Gagandeo Yadav Ravi Prakash Rajesh Kumar, Advocates For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sakri P.S. Case no. 208 of 2022 registered under sections 307, 341, 323, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, as a result of the ongoing dispute in a function of marriage, it is stated that the five named accused persons including the petitioner herein variously armed assaulted the informant causing grievous injuries to him and the petitioner further took away Rs. 500 from his pocket.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18113 of 2023(2) dt.16-05-2023 2/2 petitioner has been falsely implicated in the case which is evident from the contents of the FIR itself. The allegations are general and omnibus in nature. The petitioner is in custody since 16.10.2022 and chargesheet has been submitted in the case. He has no criminal antecedent.

5. Learned APP appearing for the State submits that the injuries have been found to be grievous in nature.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation as narrated in the FIR being general and omnibus in nature, the petitioner being in custody for 7 months since 16.10.2022, chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Sakri P.S. Case no. 208 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani. (Partha Sarthy, J) Spd/- U T