Eddu Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24894 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- BARHARIA District- Siwan ====================================================== EDDU SHAH Son of Noor Hoda @ Nurul Hoda Resident of village - Kudwa, P.S.- Barhariya, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 323, 324, 307 and 504 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused person with three or four unknown persons were abusing the brother of the informant. The petitioner Eddu Shah ordered to end his life and caught him, upon which, Imran Ali tried to stabbed with knife on his neck which hit on his hand. Again Imran Ali assaulted him with knife on the neck of the

Patna High Court CR. MISC. No.24894 of 2022(2) dt.17-08-2022 2/2 brother of the informant which also hit on his hand. The injured was taken to Health Centre Barhariya, from there he was referred to Siwan.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. It has been further submitted that the injury is simple in nature as per injury report of Sadar Hospital. The petitioner is languishing in jail custody since 16.02.2022. Learned A.P.P. for the state opposed the bail petition of the petitioner by submitting that the impugned order suggests that the injured sustained fracture injury found on the left Scapula as per the CT-Scan conducted by a private doctor. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Barhariya P.S. Case No. 72 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T