← Library
Patna High CourtCR. MISC./30966/2021bail granted

Sabbir Ali v. The State Of Bihar

2021-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30966 of 2021 Arising Out of PS. Case No.-6 Year-2019 Thana- ISUAPUR District- Saran ====================================================== SABBIR ALI Son of Hazrat Ali Resident of Village - Mahuli, Post Office - Agauthar Nanda, P.S.- Taraiya, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard Mr. Narendra Kumar, learned counsel for the petitioner and Ms. Indu Kumari Shrivastava, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Isuapur P.S. Case No. 06 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 504, 506 and 302 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the petitioner along with other FIR named accused persons and 10-15 unknown persons assaulted the husband and son of the informant with lathi, danda, iron rod, butt of gun etc., due to which, the husband of the informant died.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and from

Patna High Court CR. MISC. No.30966 of 2021(3) dt.13-12-2021 2/3 perusal of the First Information Report, it would be evident that allegation against the petitioner is general and omnibus in nature. He further submits that co-accused Bigan Mian @ Akhtar @ Bigan Miyan has been granted regular bail by a coordinate Bench of this Court in Cr. Misc. 27810 of 2019. He next submits that other co-accused persons have also been granted regular bail by co-ordinate Benches of this Court in Cr. Misc. 31412 of 2019, 29195 of 2019, 28241 of 2019 and 28780 of 2019 respectively. The petitioner is in custody 24.12.2020 and the charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 24.12.2020 and similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Isuapur P.S. Case No. 06 of 2019. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.30966 of 2021(3) dt.13-12-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T