Patna High CourtCR. MISC./44959/2023allowed

Md Afroz v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44959 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- LADANIA District- Madhubani ====================================================== MD AFROZ S/O RAHMUL MANSURI R/O VILLAGE- MIRJAPUR, PS. LADANIYA, DIST. MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 143, 323, 324, 307, 379, 427, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, while the informant and two others were going by bike to attend a marriage ceremony and on way several accused persons including the petitioner stopped his bike and demanded the key of motorcycle. On protest, petitioner inflicted knife blow over his chest and head to Chandan Yadav (brother-in-law of the informant). Coaccused Md. Jahir snatched gold chain and Rs. 60,000/- from the informant.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.44959 of 2023(2) dt.28-07-2023 2/2 that petitioner is innocent and has been falsely implicated in this case. Chandan Yadav has received two injuries out of which one is lacerated wound caused by sharp cut weapon and other is incised wound caused by hard and blunt substance but opinion is reserved. Offence u/s 307 and 379 of the IPC is not attracted against the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 15.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhubani in connection with Ladaniya P.S. Case No. 58 of 2023.

(Sunil Kumar Panwar, J) sushma/- U