Md. Ehsan @ Md. Rahshan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48096 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Md. Ehsan @ Md. Rahshan Son of Md. Nezam @ Md. Nizamuddin R/O Village - Khankah Gali No.- 16, P.S.- Kasim Bazar, District - Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 109 of 2024 instituted for the offences under Sections 341, 323, 324, 307, 384, 504/34 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.
3. Prosecution case, in short, is that when the informant was going to his home, in the meantime, three persons intercepted him and demanded money as extortion. It is further alleged that this petitioner attacked the informant with
Patna High Court CR. MISC. No.48096 of 2024(3) dt.18-09-2024 2/3 knife as a result of which he sustained injuries.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that the allegation against this petitioner is of assaulting the informant with knife. Learned counsel further contended that there is no repeated blow of knife and, therefore, Section 307 of the Indian Penal Code is not attracted. Learned counsel further submitted that injuries are found to be simple in nature. Learned counsel also submitted that petitioner has not received any ransom. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.04.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of injury and the fact that petitioner did not receive any ransom amount as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.48096 of 2024(3) dt.18-09-2024 3/3 below/concerned Court in connection with Kasim Bazar P.S. Case No. 109 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T