Patna High CourtCR. MISC./36467/2024bail granted

Md. Ashraf v. The State Of Bihar

2024-08-02Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36467 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== MD. ASHRAF SON OF MD. GULAM HUSSAIN @ GULAM HUSSAIN RESIDENT OF VILLAGE - SABANPUR, P.S. - BALRAMPUR, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anis Akhter Mr.Harish Chandra Patel For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Balia Belon Police Station Case No. 12 of 2023, registered for the offences punishable under Sections 341/323/324/307/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, arrived at the door of the informant and gave knife blow to the informant near his forehead.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.36467 of 2024(3) dt.02-08-2024 2/2 previous land dispute between the parties. The petitioner is having no criminal antecedent and he is in custody since 13.02.2024. The injury report of the informant shows that all the injuries are simple in nature except the injury near the forehead of the informant, which is attributable to the petitioner. The nature of the injury has not been opined by the doctor.

5. After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is in custody since 13.02.2024, having no criminal antecedent and there was previous land dispute between them, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Katihar, in connection with Balia Belon Police Station Case No. 12 of 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √