Patna High CourtCR. MISC./35264/2024bail granted

Md Sultan @ Booku v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35264 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- PHULWARIA District- Begusarai ====================================================== Md Sultan @ Booku Son of Late Md. Sheed @Shaheed Resident of Village - Baro Gachi Tola Ward No.- 27, Police Station - Phulwariya, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, adv.

For the informant :

Mr. Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwariya P.S. Case No. 01 of 2024 dated 05.01.2024 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 302 and 458 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and assaulted him and his family members with iron rod, Belt and danda due to that they sustained severe injuries and one Shahin Parween died during the course of treatment.

Patna High Court CR. MISC. No.35264 of 2024(2) dt.16-05-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per postmortem report, no external injury was found. There is general and omnibus allegation against the petitioner. The petitioner is aged about 70 years. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.01.2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of 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, Begusarai in connection with Phulwariya P.S. Case No. 01 of 2024.

7. The application stands allowed.

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