Patna High CourtCR. MISC./72244/2023allowed

Md. Sohail @ Md. Amir Sohail v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72244 of 2023 Arising Out of PS. Case No.-482 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== MD. SOHAIL @ MD. AMIR SOHAIL son of Majid Miya @ Abdul Majid Village- Chadrahiya Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 504, 302/34 of the Indian Penal Code.

3. As per FIR, it is a case of assault due to which, the grand-son of the informant, succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. The petitioner has been made accused in the present case without any cogent evidence or material to show his specific complicity in the alleged occurrence.

Patna High Court CR. MISC. No.72244 of 2023(2) dt.08-11-2023 2/2 Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 30.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran At Motihari in connection with Harsidhi P.S. Case No. 482 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T