Patna High CourtCR. MISC./63154/2024bail granted

Ashab v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63154 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- MAHALGAON District- Araria ====================================================== 1.

ASHAB S/O BAJBUL @ WAJBUL R/o Village- Thapkol, Ward No.12, P.S.- Jokihat, District- Araria 2.

Zashim @ Zashim Alam @ Jasim S/o Shaiful R/o Village- Thapkol, Ward No.12, P.S.- Jokihat, District- Araria 3.

Amzad @ Md. Amzad S/o Shaiful R/o Village- Thapkol, Ward No.12, P.S.- Jokihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Naushaduzzoha, Adv For the Informant :

Mr. Dheeraj Kumar, Adv For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners, learned counsel for the Informant as well as learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Mahalgaon P.S. Case No. 31 of 2024 dated 21.05.2024 registered for the offences punishable u/s 341, 342, 323, 324, 307, 379, 120B of the Indian Penal Code.

3. As per the prosecution case, the petitioners are alleged to have brutally assaulted the son of the informant with knife on his neck due to which he got injured and become unconscious and they also snatched golden chain worth Rs.

Patna High Court CR. MISC. No.63154 of 2024(2) dt.24-09-2024 2/3 50,000/- and two mobile phones.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. All the petitioners are full brother. There is previous land dispute between the parties since long time due to which the petitioners have been implicated in this case. The injuries which were received by the injured are simple in nature. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.05.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria, in connection with Mahalgaon P.S. Case No. 31 of 2024.

Patna High Court CR. MISC. No.63154 of 2024(2) dt.24-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T