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Patna High CourtCR. MISC./55234/2023allowed

Jamiruddin @ Chhetan v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55234 of 2023 Arising Out of PS. Case No.-61 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== Jamiruddin @ Chhetan Son Of Lal Maohammad Resident Of VillageSagauna, Ps- Rahika, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Rajesh Kumar Gagan Deo Yadav For the Opposite Party/s :

Mr.Shyam Kumar Singh For the Informant :

Shailendra Kr. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 147, 148, 149, 324, 325, 326, 380, 341, 342, 504 and 506 of the IPC.

3. As per allegation in the FIR, the petitioner along with other co-accused persons have allegedly assaulted the informant and his brother due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no specific overt of assaulting against the petitioner

Patna High Court CR. MISC. No.55234 of 2023(2) dt.30-08-2023 2/2 rather general and omnibus allegations have been levelled against all the accused persons including this petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 28.07.2023 in Cr. Misc. No. 44521 of 2023. Moreover, the petitioner is languishing in judicial custody since 25.06.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahika P.S. Case No. 61 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IIIrd, Madhubani.

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