← Library
Patna High CourtCR. MISC./261/2024allowed

Md. Shahid @ Babul v. The State Of Bihar

2024-04-26Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.261 of 2024 Arising Out of PS. Case No.-194 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Md. Shahid @ Babul S/o Md. Sajabul R/o village-Reshna ward no.1, P.SGwalpara, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amardeep, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-04-2024 1.Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Gwalpara P.S. Case No. 194 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354, 504, 506 and 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. The allegation against the petitioner is that he assaulted Md. Chand with an iron rod causing head and eye 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.261 of 2024(3) dt.26-04-2024 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 not corroborated with medical report. He also submits that similarly situated co-accused, namely, Md. Sohrab @ Md. Sohrab Alam has already been granted regular bail vide order dated 09.01.2024 in Cr. Misc. No. 82360 of 2023 passed by this Court. Petitioner has no criminal antecedent and is in judicial custody since 04.09.2023.

5. Learned APP for the State has opposed the prayer for regular bail petition 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 like amount each to the satisfaction of learned J.M. 1st Class Udakishunganj, Madhepura or concern Court Madhepura in connection with Gwalpara P.S. Case No. 194 of 2022.

(Sunil Dutta Mishra, J) annpurna/- U T