Hasnain Akhtar @ Aira @ Hira v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67424 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== HASNAIN AKHTAR @ AIRA @ HIRA (Male), aged about 38 years, Son of Nek Mohammad Resident of Village- Gidha Fulwaria, P.S.- Mahindwara, District- Sitamarhi.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Pushpendra Kumar Singh, Advocate.
For the Opposite Party :
Mr.Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the IPC.
The prosecution story, in brief, is that on 23.07.2019 while the informant with his family members was irrigating his field, the accused persons including the petitioner armed with Chhura, Garasi, Lathi etc., came and co-accused Nek Mohammad gave Chhura blow to the son of the informant in his abdomen causing cut injury. Again, he gave Chhura blow to the informant's son in his arm. Thereafter, he gave repeated Chhura
Patna High Court CR. MISC. No.67424 of 2019(2) dt.22-10-2019 2/3 blow to the informant's son. On account of which, his intestine came out. Co-accused Hasnain caught hold the informant's son. Co-accused Nurain Akhtar and Md. Mallu assaulted another informant's son by means of Chhura in his abdomen. Coaccused Md. Kale assaulted the informant by means of Chhura on his neck. Other accused persons assaulted by means of Lathi, Danda etc. Co-accused Md. Islam took away cash of Rs. 5,000/- and golden chain from the son of the informant. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 24.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case.
There is no allegation of tampering with the witnesses alleged against the petitioner. There is no allegation of assault against the petitioner. Allegation of assault is against co-accused Nek Mohammad. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. 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 C.J.M.
Patna High Court CR. MISC. No.67424 of 2019(2) dt.22-10-2019 3/3 Sitamarhi, in connection with Mahindwara P.S. Case No. 99 of 2019.
(Sudhir Singh, J) U.K./- U T