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Patna High CourtCR. MISC./83124/2023bail granted

Md. Ekhlaque @ Ekhlaque Ahmad @ Pan Babu v. The State Of Bihar

2024-01-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83124 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Md. Ekhlaque @ Ekhlaque Ahmad @ Pan Babu Son of Ahmad Imam@ Mintu @ Mitlu Resident of village- Rajo, P.S.-Singhwara, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate Mr. Abu Bakar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Singhwara P.S Case no.149 of 2023 registered under sections 302, 147, 148, 149, 448, 323, 324, 354, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the twelve named accused persons including the petitioner herein came armed with laathi, danda, sword etc. and all of them assaulted his father. It is further stated that Md. Gulzar assaulted his father on the head with a sword seriously injuring him. Further on his sister intervening to save his father, Md. Arman misbehaved with her and also assaulted her. The accused went away giving threats.

Patna High Court CR. MISC. No.83124 of 2023(2) dt.10-01-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of pending dispute between the parties. The allegations against the petitioner are general and omnibus in nature. The specific allegation is against Md. Gulzar and Md. Arman. The petitioner is in custody since 5.8.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR being general and omnibus so far as this petitioner is concerned, his being in custody since 5.8.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Singhwara P.S Case no.149 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Darbhanga. (Partha Sarthy, J) Shiv/- U T