Raunak @ Noor Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32138 of 2021 Arising Out of PS. Case No.-525 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== RAUNAK @ NOOR HASSAN SON OF ABDUL HASSAN R/O MOHALLAPANDASARAI (BARAHAM STHAN), P.S.- LAHERIASARAI, DISTRICT- DARBHANGA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Ms. Rinha Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per the prosecution case, the accused persons including the petitioner herein entered into a dispute with the son of the informant over playing of music on the occasion of Chhath. It is further stated that the accused persons assaulted the son of the informant with knife, iron rod etc.. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the F.I.R., it would transpire that the allegation of

Patna High Court CR. MISC. No.32138 of 2021(3) dt.20-12-2021 2/2 having stabbed the son of the informant with knife is of Aman Mandal and not the petitioner herein. The petitioner is in custody since 22.11.2020 and has no criminal antecedent. It is further submitted that the son of the informant died in course of treatment and as per the post-mortem report, the death was due to septicaemia and shock. It is finally submitted that the case of the petitioner stands on a similar footing to that of co-accused Sonu Sahni who has been enlarged on bail vide order dated 26.11.2021 passed in Cr. Misc. no. 22208 of 2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Bahadurpur P.S. Case no.525 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Darbhanga.

(Partha Sarthy, J) Saurabh/- U T