Saiyad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21898 of 2023 Arising Out of PS. Case No.-619 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== SAIYAD ALI S/O MOHAMMAD SALIM MIAN Resident of Village- Tajpur Fulwariya, P.S.- Manjhi District- Saran (Chapra), at present resident of Village- Kharkhanda, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 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 341, 324, 307/34 of the Indian Penal Code.

As per prosecution case, when the informant went ot work of labour at Station road, in the meantime, the co-accused and this petitioner came near him and co-accused Saddam Hussain assaulted by means of knife 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 previous enmity.

Patna High Court CR. MISC. No.21898 of 2023(2) dt.22-05-2023 2/2 From perusal of F.I.R., it appears that the petitioner is alleged to be caught hold the informant and specific allegation of assaulting by means of knife is against co-accused Saddam Hussain. No specific overt act of assaulting is attributed against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 8.11.2022.

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 Siwan Town P.S. Case No. 619 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 C.J.M., Siwan.

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