Baitullah @ Md. Baitullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81060 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== BAITULLAH @ MD. BAITULLAH Son of Md. Abbas R/o vill - Naraul, P.S. - Chhauradano, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Informant :
Mr. Karandeep Kr., Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chhauradano P.S. case No. 127 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 380, 447, 504, 506, 354B, 34, 302 of the Indian Penal Code.
3. It is alleged that the accused persons including this petitioner armed with weapons entered the house of the informant and assaulted him and his family members. It is
Patna High Court CR. MISC. No.81060 of 2023(2) dt.22-12-2023 2/3 further alleged that this petitioner along with other accused person, namely, Sabbash assaulted the wife of the informant and tried to molest her.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.07.2023 and has no criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. He further submitted that co-accused has already been granted bail by the co-ordinate Bench of this Court vide order dated 14.09.2023 passed in Cr. Misc. No. 55962 of 2023.
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, the period of custody undergone by the petitioner, and the fact that co-ordinate Bench of this Court has granted bail to the co-accused, 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.81060 of 2023(2) dt.22-12-2023 3/3 below/concerned Court in connection with Chhauradano P.S. case No. 127 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T