Patna High CourtCR. MISC./43739/2023bail granted

Abhinash Kumar Safi @ Avinash Safi v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43739 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== ABHINASH KUMAR SAFI @ AVINASH SAFI Son of Ram Snehi Safi @ Ram Sinehi Betha R/o village - Saharghat, Sardar Tola, P.S.- Saharghat, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Saharghat P.S. Case No. 231 of 2022 dated 27.12.2022 registered for the offences u/ss 341, 323, 324, 307, 504 and 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have abused the informant and his brother. On being protested, the petitioner and the co-accused, Subash Rai caught hold of his brother, Sohan and the co-accused Dharmendra Das inflicted blow of knife on the head of his brother

Patna High Court CR. MISC. No.43739 of 2023(2) dt.27-07-2023 2/2 with intent to kill which hit the chest of Sohan.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. The specific allegation of inflicting blow of knife is against the co-accused Dharmendra Das. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the injury of the injured is grievous in nature.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the nature of allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Benipatti, Madhubani in connection with Saharghat P.S. Case No. 231 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T