Patna High CourtCR. MISC./71818/2023allowed

Md Mahboob Alam @ Md Mahboob v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71818 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- AMAUR District- Purnia ====================================================== Md Mahboob Alam @ Md Mahboob S/O Abdul Karim Village- Geandobh, Ps. Amour, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 307, 324, 379, 354, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted the informant's husband by means of sticks due to which informant's husband sustained injury and also took Rs. 2300/- from his pocket.

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. There is delay of 10 days in lodging the FIR without explaining the same. There is case and counter case between both the parties and both parties have

Patna High Court CR. MISC. No.71818 of 2023(2) dt.07-11-2023 2/2 sustained injuries as alleged in separate occurrence. 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 16.08.2023.

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 Amour P.S. Case No. 01 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 Chief Judicial Magistrate, Purnea.

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