Shekh Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38243 of 2023 Arising Out of PS. Case No.-396 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== SHEKH RAHMAN Son of Shekh Aseer Resident of village - Kujbanna, P.S.- Pirpainti, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushottam Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 325, 448, 379, 354 of the Indian Penal Code later on Section 307 of the IPC was also added.

As per FIR, the allegation against the accused persons including this petitioner is that they armed with various weapons came at the house of the informant and assaulted him and his family members due to which father of the informant sustained injury and accused persons also took away cash of Rs. 10,000 and mobile phone. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.38243 of 2023(2) dt.04-07-2023 2/2 falsely been implicated in this case due to previous enmity. There is no specific allegation of assaulting attributed against the petitioner. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.04.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pirpainti P.S. Case No. 396 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

(Sunil Kumar Panwar, J) manishkumar/- U T