Sheikh Abdul Khair @ Abdul Khari @ Abdul Khair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65414 of 2024 Arising Out of PS. Case No.-137 Year-2022 Thana- MAINATAND District- West Champaran ====================================================== Sheikh Abdul Khair @ Abdul Khari @ Abdul Khair Son of Late Sheikh Israil Resident of Village- Bastha, P.S.- Mainatad, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alexander Ashok, Adv For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Mainatad P.S. Case No. 137 of 2022, lodged on 12.11.2022, for offences punishable under Section 341/323/307/504/506/34 of the Indian Penal Code.

3. As per the prosecution, F.I.R. has been lodged against seven named accused persons with an allegation that they have assaulted the informant's husband with iron rod due to which he was severely injured.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has got one antecedent in which he has

Patna High Court CR. MISC. No.65414 of 2024(2) dt.11-09-2024 2/2 been acquitted. He further submits that specific allegation is upon the co-accused Nawab Ali. He further submits that both petitioner and informant are the resident of same locality and due to enmity, petitioner has been made accused in the present case.

5. Learned APP for the State opposes the prayer for bail but submits that specific allegation is upon the co-accused Nawab Ali.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U