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Patna High CourtCR. MISC./54501/2022bail granted

Md Shahnwaj @ Sahanvaj @ Munna v. The State Of Bihar

2022-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54501 of 2022 Arising Out of PS. Case No.-61 Year-2020 Thana- RAHIKA District- Madhubani ====================================================== MD SHAHNWAJ @ SAHANVAJ @ MUNNA, aged about 31 years, GenderMale, Son of Md. Samim, Resident of Village - Sugauna, P.S.- Rahika, Distt.- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Baidya Nath Prasad, Advocate For the Informant : Mr. Shailendra Kumar Jha, Advocate. For the Opposite Party :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Rahika P.S. Case No. 61 of 2020 registered for the offence under Sections 307, 147, 148, 149, 324, 325, 326, 380, 341, 342, 504 and 506 of the I.P.C.

The prosecution case, in brief, is that altogether 20 persons, including the petitioner have allegedly assaulted the informant and his brother.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.54501 of 2022(2) dt.21-12-2022 2/2 the petitioner is in custody since 30.06.2022. He has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Rahika P.S. Case No. 61/2020. (Sudhir Singh, J) U.K./- U T