Shahbaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55982 of 2022 Arising Out of PS. Case No.-478 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

SHAHBAZ ALAM SON OF NANNAK DEWAN @ MD. AJIJUL RAHMAN R/O VILLAGE- HANUMANGADHI, WARD NO. 12, P.S.- MOTIHARI TOWN, DISTT.- EAST CHAMPARAN AT MOTIHARI 2.

FAIYAZ ALAM SON OF NANNAK DEWAN @ MD. AJIJUL RAHMAN R/O VILLAGE- HANUMANGADHI, WARD NO. 12, P.S.- MOTIHARI TOWN, DISTT.- EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 324, 307, 504, 506, 379/34 of the Indian Penal Code.

As per allegation in the FIR, on the order of petitioner no. 2, petitioner no. 1 stabbed knife in abdomen of the informant as a result of which blood started oozing and he fell down on road. It is further alleged that they took out Rs. 13000/- from his pocket and fled away.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.55982 of 2022(3) dt.20-02-2023 2/2 that petitioners have been falsely implicated in this case due to dirty village politics. There is delay of three days in lodging in the FIR. A dispute was occurred in a marriage ceremony between the petitioner and the informant and with a view to take revenge, the present false case has been lodged against the petitioners. Petitioners are languishing in judicial custody since 18.04.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari (East Champaran) in connection with Motihari Town P.S. Case No. 478 of 2021. (Sunil Kumar Panwar, J) sushma/- U