Patna High CourtCR. MISC./67878/2019bail granted

Shahid Ali v. The State Of Bihar

2019-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67878 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== SHAHID ALI, aged about 23 years, Son of Anwarul Haque, Resident of Village - Jafar Tola Ward No. 17, P.S.- Barauli, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjan Kumar Srivastava, Advocate.

For the Opposite Party :

Mr.Ajay Kumar Jha,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 324, 307, 506 and 120(B)/34 of the IPC.

The prosecution story, in brief, is that on 30.07.2019 the petitioner and his two sisters namely, Jabida Khatoon, Farzana Khatoon and mother Isratul Khatoon came with sword and assaulted on the neck of the cousin brother Arshad Ali of the informant causing cut injuries on his both hands. He was admitted in P.H.C. Barauli and then at Gopalganj from where he was admitted in P.M.C.H., Patna for treatment. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.67878 of 2019(2) dt.24-10-2019 2/2 30.07.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. At best, it is a case for offence under Section 325 of the IPC.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XIV, Gopalganj, in connection with Barauli P.S. Case No. 262 of 2019.

(Sudhir Singh, J) U.K./- U T