Fida Hussain @Fittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35956 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Fida Hussain @Fittu Son of Md. Habib Resident Of Village -Manahar Lal Khanka Chowk, Police Station- Nagar District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Sessions Trial No:- 520 of 2023 arising out of Nagar (Darbhanga) P.S. Case No. 138 of 2023 registered for the offence under Sections 341,323,324,307,504 and 506 of the Indian Penal Code.

3. The accused/petitioner is named in the F.I.R. and is in custody since 10.05.2023.

4. The allegation against the petitioner is to assault four different persons/injured during the course

Patna High Court CR. MISC. No.35956 of 2024(3) dt.10-06-2024 2/3 of occurrence, where injuries were inflicted by using knife, having intention to cause death.

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated falsely with present case. It is pointed out that all four injured persons named in the FIR were examined during the course of trial, who, flatly refused to depose that petitioner assaulted them during the course of occurrence. It is pointed out that in view of deposition of all four injured persons, which is the part of bail petition as Annexure-P/2 series, keeping this petitioner behind the bar shall not serve any purpose of justice. It is further submitted that petitioner is a man of clean antecedent.

6. Learned APP, opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above and by taking note of deposition of all four injured persons during the trial, coupled with the fact that petitioner is in custody since 10.05.2023,

Patna High Court CR. MISC. No.35956 of 2024(3) dt.10-06-2024 3/3 accordingly, petitioner above named, is directed to be released on bail in connection with Sessions Trial No.- 520 of 2023 arising out of Nagar (Darbhanga) P.S. Case No. 138 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Vth, Darbhanga, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/suruchiU T