Liyakat Laheri @ Leyakat Laheri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44603 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

Liyakat Laheri @ Leyakat Laheri Son Of Late Rajak Laheri, Resident Of Village- Bishunpur Gonahi, P.S.- Sonversa, District - Sitamarhi. 2.

Irfan Laheri Son Of Liyakat Laheri @ Leyakat Laheri Resident Of Village - Bishunpur Gonahi, P.S.- Sonversa, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47470 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

Fakira Laheri Son Of Late Rajak Laheri Resident Of Village - Bishunpur Gonahi, P.S.- Sonversa, Distt.- Sitamarhi.

2.

Kamar Raja @ Md. Kamar Raja Son Of Fakira Laheri Resident Of Village - Bishunpur Gonahi, P.S.- Sonversa, Distt.- Sitamarhi. 3.

Mosim Laheri @ Mohasin Lahari Son Of Late Razzak Laheri Resident Of Village - Bishunpur Gonahi, P.S.- Sonversa, Distt.- Sitamarhi. 4.

Sarfaraz Laheri @ Sarfaraz Alam Son Of Mosim Laheri @ Mohasin Laheri Resident Of Village - Bishunpur Gonahi, P.S.- Sonversa, Distt.- Sitamarhi. 5.

Ravina Khatoon @ Rakima Khatoon W/O Mosim Laheri @ Mohasin Laheri Bihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 44603 of 2022) For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Choubey Jawahar (In CRIMINAL MISCELLANEOUS No. 47470 of 2022) For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.44603 of 2022(3) dt.09-01-2023 2/3 APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Sonbersa P.S. Case No. 52 of 2022 registered under Sections 147, 149 and 302 of the Indian Penal Code.

It is a case of assaulting upon the informant and her grand mother by the petitioners due to which the informant's grand mother succumbed to injury.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. A statement has been made in Para-3 of the petition that the petitioners have got no criminal antecedents. As per the postmortem report, it is apparent that only one injury of swelling found on the forehead of the deceased. It is further submitted that there is no specific allegation found against the petitioners rather general and omnibus allegation of assaulting leveled against the petitioners. Petitioners are languishing in judicial custody for more than ten months.

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

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.44603 of 2022(3) dt.09-01-2023 3/3 taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Sonbersa P.S. Case No. 52 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VII, Sitamarhi.

(Sunil Kumar Panwar, J) shubham/- U T