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Patna High CourtCR. MISC./4433/2024allowed

Md. Shahzada v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4433 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. SHAHZADA SON OF MD. ABBAS RESIDENT OF VILLAGE - MIRZAPUR BARDAH, P.S. - MUFFASIL, DISTRICT - MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Harun Quareshi For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

3. As per allegation in the FIR, informant with her sons were cleaning the drain in front of their house, in the meantime, petitioner along with several accused persons came there with deadly weapons and started to abuse them. On protest, they started to assault them as a result of which sons of the informant got injured. For treatment they were brought to Sadar Hospital and thereafter referred to PMCH, Patna.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The

Patna High Court CR. MISC. No.4433 of 2024(2) dt.08-02-2024 2/2 present case is counter version of Muffasil PS Case No. 142 of 2023. In the alleged scuffle, members of both sides have received injuries. Nature of all injuries are simple except one. No specific allegation of assault is attributed to the petitioner rather general and omnibus allegation has been levelled against him. Petitioner has got no criminal antecedent and languishing in judicial custody since 1.8.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger in connection with Mufassil P.S. Case No. 141 of 2023. (Sunil Kumar Panwar, J) sushma/- U