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Patna High CourtCR. MISC./40618/2023allowed

Shahadat Hassan @ Hasan v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40618 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== Shahadat Hassan @ Hasan Son Of Late Tajmun @ Late Mohamd Tajmul Hasan Resident Of Village - Chap Tola Teghara, P.S. - Panchrukhi (Sarai O.P.), Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 323, 341, 324, 307, 427, 447, 504, 506/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner were cutting the guava tree of the informant situated in front of her door and when the informant and her husband objected, co-accused Shahid Ali caught the informant and this petitioner assaulted with knife on the throat of her husband.

Patna High Court CR. MISC. No.40618 of 2023(2) dt.14-07-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the informant are neighbour and for a petty dispute, the occurrence took place. There is counter version of the occurrence also and petitioner's side also sustained injuries. The petitioner is languishing in custody since 19.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Panchrukhi (Sarai O.P) P.S. Case No. 71 of 2023.

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