Patna High CourtCR. MISC./18661/2025bail granted

Md. Sarif v. The State Of Bihar

2025-04-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18661 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Md. Sarif, S/o- Nurul Islam, R/o- Chhota Lakhanpur, PS- Amdabad, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate Mr. Sanjeev Kumar Singh, Advocate For the Informant :

Mr. Vinay Ranjan, Advocate Mr. Abhishek Teerthankar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amdabad P.S. Case No. 124 of 2024 dated 26.06.2024 registered for the offences punishable u/s 341, 323, 324, 307, 302, 504, 506, 34 120(B) of the IPC.

3. As per the prosecution case, the petitioner along with the other co-accused persons assaulted the informant and his brother. During the assault one of the co-accused Abdul Barik gave sickle blow on the back of his brother Rabiul Alam and one Faruk Alam assaulted on his head with sickle due to

Patna High Court CR. MISC. No.18661 of 2025(2) dt.23-04-2025 2/3 which he fell on the ground after receiving injury. Thereafter, Md. Sarif (petitioner) pulled out the sickle from the back of the injured brother of the informant and his brother died due to excessive bleeding.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. He further submits that there is specific allegation against co-accused Abdul Barik who hit on the back of the informant's brother with the help of sickle and the co-accused Farukh Alam hit on the head of the informant's brother with sickle due to which he fell down after receiving injury. The petitioner has has no intention to kill the deceased by pulling out the sickle from the back of the deceased. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Amdabad P.S. Case No.

Patna High Court CR. MISC. No.18661 of 2025(2) dt.23-04-2025 3/3 124 of 2024, with the condition -:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) khushbu/- U T