Md. Gaush @ Bayesh @ Faizal Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71567 of 2022 Arising Out of PS. Case No.-956 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Md. Gaush @ Bayesh @ Faizal Alam Son of Md. Yunus Resident Of Village - Jalalpur, P.S. - Marhaura, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Marhaura P.S. Case No. 956 of 2020 registered for the offence under Sections 341/323/324/307/504/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 31.08.2022.
The allegation against the petitioner is to assault informant and others alongwith other co-accused persons by means of lathi, rod etc. and to cause head and other bodily injuries, having intention to cause their death in the background
Patna High Court CR. MISC. No.71567 of 2022(2) dt.18-03-2023 2/3 of land dispute.
Learned counsel appearing on behalf of the petitioner submitted that the allegation as regard to assault against petitioner is very much general and omnibus. It is further submitted that other co-accused person, having similar nature of allegation granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 20340 of 2021 vide order dated 13.07.2021. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Mr. Abhinav Ashok for the informant, while opposing the prayer of bail submitted that petitioner collectively assaulted informant and others.
Considering the facts and circumstances as mentioned above, as allegation as regard to assault is appearing very much general and omnibus, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Marhaura P.S. Case No. 956 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.71567 of 2022(2) dt.18-03-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T