Md. Hasnain @ Md. Hasnain Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54636 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- AMAUR District- Purnia ====================================================== Md. Hasnain @ Md. Hasnain Alam S/O Md. Sateef @ Sateef @ Satife R/O Dalmalpur, Ward No. 6, P.S- Amour, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 442, 452, 302, 504, 506 and 427 of the Indian Penal Code. It is a case of assaulting by the accused persons along with this petitioner to the informant's husband due to which he sustained injury and died during treatment.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case due to village politics. The allegation against the petitioner is general and omnibus is nature and no specific overt act has been made

Patna High Court CR. MISC. No.54636 of 2023(2) dt.25-08-2023 2/2 against him. The specific overt act against co-accused Dawood who assaulted by means of bamboo stick upon the head of the informant's husband due to which he sustained injury and succumbed to injuries. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 28.05.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amour P.S. Case No. 174 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned J.M. 1st Class, Purnea. (Sunil Kumar Panwar, J) lata/- U T