Md. Sonu @ Ishtekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29409 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- Bajitpur District- Darbhanga ====================================================== Md. Sonu @ Ishtekhar Alam S/o Mohammad Shoaib @ Shuaib R/o VillageBelahi, P.S.- Bajitpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shah Nawaz Ali For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bajitpur P.S. Case No. 23/2024 dated 08.05.2024 registered for the offence punishable u/s 341, 323, 324, 308, 354, 379 and 504 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons came to the house of the informant and threatened the informant to withdraw the earlier case. On protested, the co-accused Md. Shoaib order to kill her, upon which the petitioner gave knife blow on her head due to which she sustained cut injury. Thereafter, the petitioner again tried to

Patna High Court CR. MISC. No.29409 of 2025(2) dt.12-05-2025 2/3 give another blow on her, but due to intervention by the informant's husband she got saved. Thereafter, the petitioner and the co-accused persons assaulted her and her husband with fists, slap, lathi and danda. During assault, the accused person snatch wrist watch of the informant's husband and they also disrobed the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that there is a delay of 2 months in lodging the F.I.R, as the date of occurrence is 14.03.2024 and the F.I.R. was lodged on 08.05.2024. Earlier the anticipatory bail of the petitioner was rejected by the co-ordinate Bench of this court vide order dated 21.01.2025 passed in Cr. Misc. No. 89225/2024. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injury sustained by the injured Mufida Khatoon, is dangerous in nature. It is further submitted that the specific allegation of

Patna High Court CR. MISC. No.29409 of 2025(2) dt.12-05-2025 3/3 assaulted is against the petitioner

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Bajitpur P.S. Case No. 23/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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