Tufan Khan @ Tufani Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80663 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== TUFAN KHAN @ TUFANI KHAN Son of Hazrat Khan Resident of Village - Dariyapur No. 2, P.S.- Sangrampur, Motihari, Distt - East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj ` :

Mr. Pratiyush Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2020 Heard the learned counsel for the petitioner, the learned APP for the State and the learned counsel for the informant.

The petitioner seeks regular bail in connection with Sangrampur PS case no. 128 of 2019 instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504 of Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and his brother and as far as the petitioner is concerned, he is said to have assaulted the brother of the informant by farsa.

The learned counsel for the petitioner has submitted that a bare perusal of the injury report would show that

Patna High Court CR. MISC. No.80663 of 2019(3) dt.27-02-2020 2/2 the injuries on the person of the brother of the informant namely Rahat Khan, have been found to be simple in nature. The petitioner is said to be languishing in custody since 20.08.2019. It is further submitted that the petitioner is accused in one other case which has been lodged by the father of the informant of the present case but he is on bail in the said case. The learned counsel for the informant has vehemently opposed the prayer for bail but has not denied the fact that the injuries found on the person of the injured Rahat Khan, are simple in nature.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is languishing in custody since 20.08.2019, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Motihari in connection with Sangrampur PS case no. 128 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T