Babu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44922 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- KOPA District- Saran ====================================================== Babu Khan S/O Salik Khan R/O village- kopa,P.S.-Kopa,Distt-saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Yadav, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kopa P.S. Case No. 23 of 2024 instituted for the offence under Sections 341, 323, 307, 354(B), 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case as emanated from the FIR is that on 19-02-2024, petitioner has forcibly tried to took daughter of the informant. It is alleged that when the informant reached at the house of the petitioner, informant assaulted one 'Arun Sah',

Patna High Court CR. MISC. No.44922 of 2024(2) dt.27-06-2024 2/3 due to which he get injured.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-02-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that no specific allegation is attributed to the petitioner, rather the same is general and omnibus in nature. It is submitted that there is case and counter case between the parties. From perusal of the injury report, it would reveal that injury is simple in nature caused by hard and blunt substance. It is submitted that informant and the injured have not sustained grievous injury, so no case under Section 307 is made out against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being case and counter case between the parties and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.44922 of 2024(2) dt.27-06-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kopa P.S. Case No. 23 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T