Kaushal Ali @ Kaushal Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6411 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- BHORE District- Gopalganj ====================================================== KAUSHAL ALI @ KAUSHAL HUSSAIN Son of Hanif Ali @ Hanif Ansari @ Hanif Mian @ Haif Miya R/o vill - Jigna Dube, P.S. - Bhore, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Raj, Advocate :
Mr. Akash Bharti, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhore P.S. case No. 135 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.
3. Prosecution allegation, in short, is that the accused persons including this petitioner came at the house of the informant and took his son with them and stabbed him on the chest, abdomen and rib, due to which he sustained severe
Patna High Court CR. MISC. No.6411 of 2024(2) dt.15-02-2024 2/3 injuries. It is further alleged that the accused persons also stabbed friend of informant's son.
4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against this petitioner. No specific overt act is alleged against the petitioner. The chargesheet has been submitted in this case. Similarly situated coaccused persons have already been granted bail by a Coordinate Bench of this Court vide order dated 05.01.2024 passed in Cr. Misc. No. 66024 of 2023 and Cr. Misc. No. 78535 of 2023. Learned counsel further submitted that petitioner is in custody since 11.04.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.6411 of 2024(2) dt.15-02-2024 3/3 below/concerned Court in connection with Bhore P.S. case No. 135 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T