Sk. Zuber v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55920 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- MANIHARI District- Katihar ====================================================== 1.
Sk. Zuber Son Of Sk.Khalil Resident Of Village- Dilarpur, Ps- Manihari, Distt- Katihar 2.
Sk. Muzahir Son Of Sk. Khalil Resident Of Village- Dilarpur, Ps- Manihari, Distt- Katihar 3.
Sk. Sarid @ Sk. Sarif Son Of Saikul Resident Of Village- Dilarpur, PsManihari, Distt- Katihar 4.
Naiful @ Sk. Nepul Son Of Chulhai Resident Of Village- Dil Manihari P.S. Case No. 129 of 2023 arpur, Ps- Manihari, Distt- Katihar 5.
Sukru @ Sukruddin Son Of Sk. Nurul @ Shekh Nurul Resident Of VillageDilarpur, Ps- Manihari, Distt- Katihar 6.
Rashida Khatoon @ Bibi Rashisha Wife Of Sk. Asgar Resident Of VillageDilarpur, Ps- Manihari, Distt- Katihar 7.
Sk. Nihal @ Md. Nehal Alam Son Of Sk. Rahil Resident Of VillageDilarpur, Ps- Manihari, Distt- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Lalan Kumar For the Informant :
Mr. Bhola Prasad Mr. Indrajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioner are apprehending their arrest in connection with Manihari P.S. Case No. 129 of 2023, for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.55920 of 2023(6) dt.19-03-2024 2/3
3. As per the prosecution case, the co-accused Sheikh Azmer called the son of the informant to his house, where the petitioners and other co-accused persons brutally assaulted him with knife, rod on his head sewing needle on his private parts causing severe injuries. Thereafter, they thrown him to his inlaws house. It is further alleged that the co-accused persons has snatched a mobile set, cash of about 5,000 and a golden chain from the neck of the informant son.
4. Learned counsel for the petitioners submitted that petitioners are falsely been implicated in this case. There is no specific allegation of assault against the petitioners. The injury report is kept reserved. There is case and counter case between the parties. No offence u/s 307 of the Indian Penal Code is made out against the petitioners. The petitioner has no criminal antecedent stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as there is general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.55920 of 2023(6) dt.19-03-2024 3/3 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Manihari P.S. Case No. 129 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:
(i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, their bail bonds are liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T