Babar Khan @ Sahan Shah Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63562 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== BABAR KHAN @ SAHAN SHAH BABAR Son of Sri Jaleel Khan Resident of Village - Bahiyara, P.S. - Govindpur in the district of Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Govindpur P.S. Case No. 89 of 2019 for the offence registered under Sections 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The allegation is regarding the petitioner and the coaccused, namely, Wasim Khan and other accused persons having assaulted the informant. The petitioner is stated to have assaulted the informant by means of hockey stick whereas the co-accused is said to have assaulted the informant by means of iron rod.

The learned senior counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case inasmuch as paragraph no. 32 of the case diary

Patna High Court CR. MISC. No.63562 of 2019(3) dt.26-11-2019 2/2 would bear it out that only one injury has been mentioned in the injury report and that too appears to be by means of a hard and blunt substance attributable to Wasim Khan. Hence, if at all anyone is responsible for inflicting grievous injury, it is the coaccused Wasim Khan. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, the petitioners, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Govindpur P.S. Case No. 89 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T