Md. Wasim @ Waseem Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73746 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Md. Wasim @ Waseem Ahmad Son Of Wasi Ahmad Resident Of VillageNaraul, Ps.- Chhauradano, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 380, 447, 506, 504, 354(B), 34 and 302 of the Indian Penal Code.
3. As per prosecution case, all the accused persons including the petitioner are said to have assaulted to the informant and his wife due to which both have sustained injury and informant's wife died during course of treatment.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. The specific allegation of assault or overt act upon the informant's wife (deceased) is against the co-accused Taufiq
Patna High Court CR. MISC. No.73746 of 2023(3) dt.09-02-2024 2/2 due to which she died. There is general and omnibus allegation against the petitioner that he assaulted to the informant but no injury report is on record to support the prosecution case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused persons have already been granted bail by a Co-ordinate Bench of this Court vide order dated 08.01.2024 passed in Cr. Misc. No. 82364 of 2023. Moreover, the petitioner is languishing in judicial custody since 18.07.2023.
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 C.J.M., Motihari, East Champaran in connection with Chhauradano P.S. Case No.127 of 2023.
(Sunil Kumar Panwar, J) lata/- U T