Md. Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24164 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Md. Shahabuddin Son Of Md. Motiur Rahman Resident Of Village- Jalwara Police Station- Keoti District -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the State :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Keoti P.S. Case No. 02 of 2024 instituted for the offence under Sections 323, 324, 307, 341, 354, 379, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that co-accused persons including the petitioner have assaulted the informant by means of farsa and iron rod, due to which she sustained injury. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-01-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.24164 of 2024(2) dt.09-04-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that parties are agnates. There is delay of 12 days in lodging of the FIR. From perusal of the impugned order, it would reveal that injured has sustained injury on her head but there is no mention regarding the nature of injury sustained. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

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

8.

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 Keoti P.S. Case No. 02 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T