Md. Bechan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69276 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- PIPRA District- Supaul ====================================================== Md. Bechan S/O Md. Khudamuddin R/O Village And P.O.- Sakua, Panchayat- Dinapur, Ward No. 06, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tanushri, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 307 and 34 of the Indian Penal Code.

3. The case of the prosecution is that on 05.12.2023 the son of the informant namely Parvez Alam aged about 15 years being surrounded by the petitioner and two others and was being assaulted with a view to kill him with bamboo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that there was fight between Parwez Alam and one Irfan both are minor boys. This fact has also come during investigation. There is also previous dispute between the

Patna High Court CR. MISC. No.69276 of 2024(3) dt.18-01-2025 2/2 parties. From perusal of the FIR it is clear that the occurrence is of 05.12.2023 whereas the FIR was lodged on 09.12.2023. From perusal of the injury report, it is clear that Parvez Alam has received one grievous injury on his head. From perusal of the FIR it is not clear that who is the author of the head injury and the nature of allegation is general and omnibus. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 376 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Supaul.

(Ashok Kumar Pandey, J) Shubham/- U T