Md. Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.430 of 2023 Arising Out of PS. Case No.-472 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Md. Shahid Son Of Late Qamruzzama Resident Of Kalibagh, Near Liberty Cinema, P.S.- Bettiah Nagar, District - Bettiah (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saba Ashfaque For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bettiah Nagar P.S. Case No. 472 of 2021 registered under sections 323, 324, 341, 379, 504, 506, 307 and 34 of the Indian Penal Code. Allegation against the petitioner along with other co-accused persons is that they assaulted by means of hockey, dagger, iron rod and some other weapon upon the informant's son when he was going to market for purchasing some article on the occasion of birthday of his son on motorcycle. It is further alleged that they also

Patna High Court CR. MISC. No.430 of 2023(3) dt.24-02-2023 2/3 snatched his golden chain worth Rs. 70,000/- and Rs. 4000/- cash and fled away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that from medical report, there are 7 injuries sustained by the injured, out of them 2 injuries are grievous. There is no specific overt act against the petitioner and also general and omnibus allegation has been levelled against him. He has surrendered before the Hon'ble Court of C.J.M. on 01.08.2022, since then he is languishing in judicial custody. A statement has been made in para-3 of this petition that he has no criminal antecedent.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bettiah Nagar P.S. Case No. 472 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.430 of 2023(3) dt.24-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, West Champaran, Bettiah.

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