Altaf Hussain @ Md. Altaf Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84117 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- NIRMALI District- Supaul ====================================================== ALTAF HUSSAIN @ MD. ALTAF HUSSAIN Son of Abdul Gaffar @ Md. Abdul Gaffar RESIDENT OF VILLAGE MAHUA PUNARBAS PS SUPAUL DIST SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they assaulted the informant and his staff while they were going to market for buying hen. It is further alleged that co-accused Deepak Kumar also assaulted them and they also snatched away cash Rs. 1,10,000/-.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.84117 of 2023(3) dt.19-03-2024 2/2 committed no offence. He has falsely been implicated in this present case due to dirty village politics. Stolen money has not been recovered from the conscious possession of this petitioner. The specific specific allegation of assaulting by means of bamboo has been levelled against co-accused, namely, Deepak Kumar not against this petitioner. The petitioner is languishing in judicial custody since 25.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nirmali P.S. Case No. 251 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Birpur Supaul. (Sunil Kumar Panwar, J) Manishkr/- U T