Patna High CourtCR. MISC./41394/2023bail granted

Seraj @ Pappu v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41394 of 2023 Arising Out of PS. Case No.-300 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Seraj @ Pappu, Son of Late Sheikh Amarul @ Sheikh Amarul Haque Kawalpur, Ps- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shadab Alam Wazdi, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S. Case No. 300 of 2023 dated 08.03.2023 registered for the offences punishable u/ss 147, 341, 323, 308, 379, 427, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons holding lathi, danada and bricks came and assaulted the informant causing injury. Having been extorted to kill by the co-accused Nurul Hqaue, the petitioner assaulted on the

Patna High Court CR. MISC. No.41394 of 2023(2) dt.21-07-2023 2/2 head of the informant causing severe injury.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. Nothing has been recovered from the conscious possession of the petitioner. As per injury report of injured, the injury is simple in nature caused by hard and blunt substance. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

7. 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, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 300 of 2023.

8. The application stands allowed.

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