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Patna High CourtCR. MISC./41474/2023bail granted

Khurshid Khan @ Sanda v. The State Of Bihar

2023-07-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41474 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== KHURSHID KHAN @ SANDA son of Late Akbar Khan Village- Mani Nagar Ward no-19, PS- Dehri Town Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2023 The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Dehri (Town) P.S. Case No. 214 of 2022, for the offences registered under Sections 341, 342, 323, 324, 307 and 34 of the Indian Penal Code inasmuch as the earlier petition filed by the petitioner for grant of regular bail was permitted to be withdrawn by the petitioner vide order dated 09.12.2022 passed in Criminal Misc. No. 50141 of 2022.

The accused persons including the petitioner herein are alleged to have assaulted the son of the informant by knife resulting in him sustaining grievous injuries.

Patna High Court CR. MISC. No.41474 of 2023(2) dt.05-07-2023 2/3 The learned senior counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 25.04.2022. The learned senior counsel for the petitioner has further submitted that the injured son of the informant is hale and hearty and the petitioner has already suffered enough incarceration, hence he be granted the privilege of bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned senior counsel for the petitioner and taking into account the period of incarceration of the petitioner herein apart from the fact that it is the specific submission of the learned senior counsel for the petitioner that the injured son of the informant is hale and hearty, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Patna High Court CR. MISC. No.41474 of 2023(2) dt.05-07-2023 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, District-Rohtas in connection with Dehri (Town) P.S. Case No. 214 of 2022.

(Mohit Kumar Shah, J) S.Sb/- U T