Mohammad Ali @ Mahmad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80580 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Mohammad Ali @ Mahmad Ali S/O Mahbub Alam R/O Village- Jamsar Bazar, P.S- Uchakagaon, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Uchakagaon P.S. Case No. 142 of 2024, instituted for the offences punishable under Sections 341, 323, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons abused and assaulted the informant and her daughter by means of lathi, danda and iron rod due to which they sustained injuries. It is further alleged that the accused persons also snatched her gold chain and outraged

Patna High Court CR. MISC. No.80580 of 2024(2) dt.20-11-2024 2/3 the modesty of her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation levelled against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. The medical report shows that the injury received by the informant is simple in nature, hence, the medical evidence does not corroborate with the prosecution case. It is further submitted that there is case and counter case between the parties. The petitioner is in custody since 10.08.2024 and has got no criminal antecedent.

5. Learned APP 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, case and counter case and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.80580 of 2024(2) dt.20-11-2024 3/3 below/concerned Court in connection with Uchakagaon P.S. Case No. 142 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T