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Patna High CourtCR. MISC./82616/2023allowed

Shahnawaz @ Munna @ Md. Shahnawaz v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82616 of 2023 Arising Out of PS. Case No.-367 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Shahnawaz @ Munna @ Md. Shahnawaz, Son Of Abdul Hannan R/O Village- Parsa, P.S.- Sursand, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zaki Haider, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sursand P.S. Case No. 367 of 2023 for the offences registered under Sections 323, 324, 307, 379, 452, 354, 427, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence petitioner along with other accused persons came and started mar-pit with the brother of the informant. When the informant went to save, the accused persons assaulted the informant. They also assaulted the wife and son of informant. It is alleged that the accused persons entered into the house of the informant and started destroying the household articles and took away cash of Rs. 40,000/-.

Patna High Court CR. MISC. No.82616 of 2023(2) dt.11-01-2024 2/2

4. Learned counsel for the petitioner submits that allegation against the petitioner is that he entered into the house of informant and started destroying the household articles. Allegation of causing injury is against co-accused Md. Irfan and Md. Phool. He further submits that there is case and counter case between the parties. Petitioner has no criminal antecedent. He is in custody since 03.09.2023.

5. Learned counsel appearing on behalf of the State assisted with learned counsel for the informant oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Sursand P.S. Case No. 367 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T