Tahkil Ahmad @ Taukil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.830 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Tahkil Ahmad @ Taukil Ahmad Son of Yakub Sheikh @ Sheikh Yakub Resident of Village - Nautanwa, P.S.- Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 598 of 2023 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504, 506 of the Indian Penal Code Sections 27, 25(1-B) A, 26, 30, 35 of the Arms Act and later on Section 302 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioner along with other co-accused persons is of assaulting the informant and open indiscriminate firing upon the informant.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in Para 3 of

Patna High Court CR. MISC. No.830 of 2024(3) dt.10-04-2024 2/3 the bail application. He further submits that the petitioner is in custody since 18.07.2023. Similarly situated co-accused persons, namely, Mainul Haque @ Moinul Haque @ Mainul Sheikh, Imran @ Shamim Raja and Guddu Sheikh @ Jeeshan Ahmad and Badal @ Faisal Kafil have already been granted bail by this court in Cr. Misc. Nos. 81156 of 2023, 81525 of 2023 and 80320 of 2023 vide orders dated 20.12.2023 and 29.02.2024 respectively.

5. Learned APP for the State has opposes the prayer for bail.

6. On perusal of the FIR, seizure list, case diary alongwith post mortem report and impugned order dated 13.10.2023, it appears that informant Md. Nurshad registered FIR against eight accused persons including the present petitioner. On perusal of the injury report of Santre Sheikh, it appears that no injury was found on his abdomen, only fire arm injury was found over left arm of the deceased.

7. Considering the facts and circumstances and submissions made on behalf of the petitioner, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.830 of 2024(3) dt.10-04-2024 3/3 Magistrate, West Champaran at Bettiah in connection with Shikarganj P.S. Case No. 598 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T