Patna High CourtCR. MISC./64136/2024bail granted

Md. Shahjahan @ Md. Shahahan @ Md. Emam @ Md. Ali Emam v. The State Of Bihar

2024-12-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64136 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- Kotwali District- Darbhanga ====================================================== Md. Shahjahan @ Md. Shahahan @ Md. Emam @ Md. Ali Emam Son of Late Shahzada Village- Purani Munsafi Tedhi Bazar Ps- Kotwali DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Nagendra Prasad Mr. Girish Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2024

1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 504, 324 and 307 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is in custody since 22.06.2024 and he has antecedent of three cases, but the cases have been instituted on account of dispute relating to land. It is next submitted that the informant alleges that her son had gone to smart bazar where Md. Sahil and Sahnawaj started assaulting her son by lathi, bamboo, farsa and knife. Thereafter, other accused persons

Patna High Court CR. MISC. No.64136 of 2024(3) dt.11-12-2024 2/3 along with 8-10 unknown accused persons also assaulted her son and fled thinking he is dead.

4. The learned counsel for the petitioner submits that petitioner, being father of Md. Sahil and Sahanawaj, came to be implicated in the instant case by the informant, when informant is not an eye witness to the occurrence. It is also submitted that own brother of the petitioner namely Md. Samsher Alam @ Samsher had approached this Court seeking regular bail by filing Cr. Misc. No.60704 of 2024 and the same was allowed by an order dated 11.10.2024 after considering the case on merit and in detail, as such, based on parity seeks bail for the petitioner. It is submitted that petitioner is in custody since 22.06.2024, charge-sheet has been submitted, as such, no useful purpose would be served by keeping the petitioner in jail.

5. Learned A.P.P. and the learned counsel appearing on behalf of the informant opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with

Patna High Court CR. MISC. No.64136 of 2024(3) dt.11-12-2024 3/3 Kotwali P. S. Case No.19 of 2024.

7. The application stands allowed.

8. However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioner is behind bar.

(Satyavrat Verma, J) vikash/- U