Md. Altaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88209 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- Kalibagh District- West Champaran ====================================================== Md. Altaf S/o Khudabaks Resident of Village- Ward No. 09, Harnath School , P.S.- Kalibagh, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalibagh P.S. Case No. 146 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons went to the house of the informant, assaulted him and his brother. It is further alleged that the petitioner has stabbed the brother of the informant by means of knife as a result of which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.88209 of 2024(2) dt.15-01-2025 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the allegation levelled against the petitioner is general and omnibus in nature. The injury sustained by the brother of the informant is simple in nature. The petitioner is in custody since 26.09.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalibagh P.S. Case No. 146 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T