Mahfuj Alam @ Mehfuj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75258 of 2022 Arising Out of PS. Case No.-155 Year-2020 Thana- LAURIA District- West Champaran ====================================================== Mahfuj Alam @ Mehfuj S/O Late Iliyas Resident of Village- Kandhwaliya, P.S.- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehend his arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
As per the prosecution case, on the alleged date and time of occurrence while the informant was returning home, on the way, co-accused Akhlakh Rahman @ Pappu started abusing the informant and stabbed knife in his chest, as a result of which he fell down on the ground. On hearing noise of informant, his cousin Isteyak Ahmad came to save him, then Akhlakh called other nine accused persons including this petitioner who assaulted him and his cousin with fist and slaps and also stabbed him.
Patna High Court CR. MISC. No.75258 of 2022(2) dt.24-03-2023 2/2 It is submitted that there is case and counter case. Specific accusation of assault by knife is against co-accused Akhlakh Rahman @ Pappu. So far as this petitioner is concerned, there is general and omnibus allegation against him. Moreover, injuries sustained by the informant and his cousin has been found simple in nature by the doctor. Similarly situated coaccused have been granted bail vide order dated 10.10.2022 passed in Cr. Misc. No. 32324 of 2022. Petitioner claims clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 155 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T