Zaheer Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52377 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- SUHAIL District- Gaya ====================================================== ZAHEER KHAN, SON OF LATE MATWAR KHAN R/O VILLAGESALAIYA, P.S.- SUHAIL, DIST.- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Nikhil For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Suhail P.S. Case No. 11 of 2021, instituted for the offences under Sections 341, 323, 307, 379, 427, 504, 506, 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 03.05.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that petitioner armed with lathi assaulted the informant on his head causing injury and when PDS dealer came to rescue, the informant also assaulted on account of which Dilwaaj Ahmed received head injury and Harun Rashid received injury on leg and head. Further, this petitioner took Rs. 3500/- from the pocket of the informant. The learned counsel submits that petitioner is innocent and has falsely been implicated in the present case and from

Patna High Court CR. MISC. No.52377 of 2021(2) dt.09-02-2022 2/2 perusal of the impugned order, it would manifest that the injury report of the informant records that edema was found. The learned counsel for the petitioner further submits that co-accused, Allauddin Khan was granted bail by learned Court below. Further, that the matter between the parties have been compromised also.

The learned counsel for the informant fairly submits that the parties have compromised the case.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 03.05.2021, he is a person with clean antecedent, charge-sheet has been submitted and the parties have compromised the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghatti (Gaya), in connection with Suhail P.S. Case No. 11 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T