Subhan @ Suvahin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56694 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- AAJAM NAGAR District- Katihar ====================================================== SUBHAN @ SUVAHIN S/O KEKARU Resident of Village- Baripokhar, P.S.- Azamnagar, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel, Adv.

For the Opposite Party/s:

Mr.Rina Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 324, 325, 307, 379, 504, 506/34 of IPC.

Allegedly, petitioner along with other co-accused persons named in FIR assaulted the informant and her husband and son. Thereafter, accused persons took away the cash of Rs. 60,000/- as well as ornaments from the possession of informant. It has been alleged that during occurrence co-accused Gul Muhammad assaulted to informant on her head by 'Dabiya' causing head injury. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity

Patna High Court CR. MISC. No.56694 of 2022(2) dt.02-01-2023 2/2 between the parties. There is case and counter-case between the parties. There is no specific allegation of assault against the petitioner and as per injury report, the injuries sustained by injured person are simple in nature. It has been further submitted that the matter has been compromised between the parties and in this connection a joint compromise petition has been filed by both the parties. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Azamnagar P.S. Case No.79 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.