Karu Mian @Shahabuddin Mian @ Shahabuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25176 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- GARHI District- Jamui ====================================================== Karu Mian @Shahabuddin Mian @ Shahabuddin Ansari SON OF ABDUL JABBAR @ JABBAR MIAN VILLAGE- MUDBARO PS -GARHI DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Garhi P.S. Case No. 70 of 2023 instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that the petitioner and co-accused persons caught hold her husband and co-accused, namely, Irfan having sword assaulted over his neck due to which his husband sustained injuries and succumbed to injuries.

4.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation levelled against the petitioner rather the specific allegation of assaulting by means

Patna High Court CR. MISC. No.25176 of 2024(2) dt.04-04-2024 2/2 of sword is levelled against co-accused, namely, Irfan. During investigation, no incriminating article has been recovered from the conscious possession of the petitioner. Earlier bail application of the petitioner was rejected by learned Sessions Judge, Jamui with a direction to the petitioner that he may move for bail after framing of charge. Charge-sheet has been submitted in this case. The petitioner is languishing in judicial custody since 14.08.2023 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garhi P.S. Case No. 70 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T