Tohid Alam @ Md. Tohid @ Md. Tohid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77553 of 2024 Arising Out of PS. Case No.-165 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Tohid Alam @ Md. Tohid @ Md. Tohid Alam, Son of Md. Jalil @ Md. Jaleel, Resident of village- Islam Nagar, Madhopara, P.S.- K. Hat, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. Md. Helal Ahmad, learned counsel for the petitioner and Mr.Umeshanand Pandit, learned APP for the State.

2. The petitioner has prayed for bail in connection with K.Hat (Sahayak) P.S. Case No. 165 of 2018 registered for the offence punishable under Sections302/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has assaulted the father of the informant with slaps and fists due to which he got unconscious and later on died.

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. It is further submitted that the dispute had arisen on a trivial issue of dispute between the infants. The allegation is only that of assaulting with

Patna High Court CR. MISC. No.77553 of 2024(4) dt.24-02-2025 2/2 slaps and fists. From perusal of the postmortem report, it transpires that the doctor has found abraision on nose, nasal cavity, left side forehead above eye measuring 2 1/2"x 2" and has opined that the death has caused due to aforesaid injury. The allegation against the petitioner is only that of assaulting with slaps and fists along with his wife. His wife has been granted bail by the Co-ordinate Bench of this Court. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 27.06.2024.

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, 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., Purnea in connection with K.Hat (Sahayak) P.S. Case No. 165 of 2018. (Ashok Kumar Pandey, J) lata/- U T