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Patna High CourtCR. MISC./82360/2023allowed

Md. Sohrab @ Md. Sohrab Alam @ Sahrab Alam v. The State Of Bihar

2024-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82360 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Md. Sohrab @ Md. Sohrab Alam @ Sahrab Alam Son Of Md. Usim @ Wasim R/O Vill - Reshna Ward No. 1, P.S. - Gwalpara (arar O.P), Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Gwalpara (Ara O.P.) P.S. Case No. 194 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner herein are said to have come variously armed and of having assaulted the informant and the members of his family and also took away house hold articles and cash of Rs. 50-60 thousands from his house. It is specifically alleged that the petitioner assaulted the informant with an iron rod causing head injury to him.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.82360 of 2023(2) dt.09-01-2024 2/2 politics and the allegation levelled against the petitioner about the manner of occurrence is false and concocted story. He further submits that there is land dispute between the parties and the injury on the injured is found to be simple in nature. He also submits that similarly situated co-accused, namely, Md. Kudush @ Md. Khudush has already been granted regular bail vide order dated 12.04.2023 in Cr. Misc. No. 6632 passed by the Coordinate Bench of this Court. Petitioner has no criminal antecedent and is in jail custody since 31.08.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, and period of custody, let the petitioner, above named, 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 learned Additional Sessions Judge 1st, Madhepura-cum-Special Judge or concern Court Madhepura in connection with Gwalpara (Ara O.P.) P.S. Case No. 194 of 2022. (Sunil Dutta Mishra, J) ashutosh/- U T