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Patna High CourtCR. MISC./82846/2023bail granted

Hasim v. The State Of Bihar

2024-01-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82846 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- KURLIKOT District- Kishanganj ====================================================== HASIM SON OF TIKAM R/O VILLAGE- KARBALBHITTA, WARD NO.14, P.S.- KURLIKOT, DISTRICT- KISHANGANJ ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 354(B), 379, 384, 427, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, the informant and

Patna High Court CR. MISC. No.82846 of 2023(2) dt.18-01-2024 2/3 his wife were going to the farm, while all the accused persons, including this petitioner, were demolishing their house, and when they objected, all the accused persons assaulted them. Further, the accused Najir tried to outrage the modesty of the wife of the informant and also took away cash and ornaments.

4. It is submitted on behalf of the petitioner that the specific accusation is alleged against other co-accused persons. So far as this petitioner is concerned, there is general and omnibus allegation against him. Similarly situated co-accused persons have already granted bail by this Court vide order dated 11.08.2023 in Cr. Misc. No. 47857 of 2023 . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the

Patna High Court CR. MISC. No.82846 of 2023(2) dt.18-01-2024 3/3 like amount each to the satisfaction of the learned Additional Judicial Magistrate , Kishanganj in connection with Kurlikot P.S. case No. 34 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T