Patna High CourtCR. MISC./29379/2021bail granted

Abu Hassan v. The State Of Bihar

2021-11-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29379 of 2021 Arising Out of PS. Case No.-411 Year-2020 Thana- JOKIHAT District- Araria ====================================================== ABU HASSAN Son of Late Tasdduk @ Dukhai Resident of Village - Matiyari, P.S. - Araria, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Jokihat P.S. Case No. 411/2020 instituted for the offences under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. From bare perusal of the allegation as alleged in the FIR, it would manifest that accused persons including the petitioner have assaulted the son of the informant by knife. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. On the basis of confessional statement of co-accused, he has been made accused in this case. The said co-accused has also been granted bail by the learned court below. The occurrence took place on

Patna High Court CR. MISC. No.29379 of 2021(2) dt.23-11-2021 2/2 19.11.2020 and FIR lodged on 24.11.2020 after delay of five days and there is no explanation for delay. The petitioner is languishing in judicial custody since 25.11.2020 and charge sheet has been submitted in this case. The petitioner has got two criminal antecedents, which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposes the prayer for bail application.

Considering the facts aforesaid, the petitioner, above named, is directed to be released on bail on his furnishing bailbonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 411/2021.

Accordingly, this application stands allowed. (Satyavrat Verma, J) amitkumar/- U T