Aenullah Khan @ Enullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87259 of 2019 Arising Out of PS. Case No.-580 Year-2019 Thana- BAGHA District- West Champaran ====================================================== AENULLAH KHAN @ ENULLAH KHAN Son of Nayeem Khan Resident of Village - Pawariya Tola Bagaha - 1, Ward No. 27, P.S.- Bagaha, Distt - West Champaran.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Pandey, Advocate.

For the State :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner seeks bail in connection with Bagaha P.S. Case No.580 of 2019 registered under Sections 341, 323, 307, 379, 504 and 354/34 of the Indian Penal Code. The accusation is that on 01.11.2019, the informant Samina Khatoon, her brother Afsar Ali and father Sheikh Shahid alias Sheikh Dhela, had gone to Bagaha Bazar for marketing. When they reached in front of the market of Giriji, at that time, Enullah Khan (petitioner), Samiullah Khan, Atiullah Khan and Nayeem Khan having iron rod, lathi, farsa etc along with 5 unknown came there and surrounded them. Thereafter, the

Patna High Court CR. MISC. No.87259 of 2019(2) dt.20-01-2020 2/3 petitioner gave iron rod blow at the head of Sheikh Shahid alias Sheikh Dehla, the father of the informant, due to which he sustained blood oozing injury and fell down. Thereafter, with an intention to kill the father of the informant, the other F.I.R. named accused started to cause assault to the father of the informant indiscriminately through lathi and Fatta causing fracture injury in his left hand and other parts of his body. At that time, Nayeem Khan snatched the cash Rs.95000/- from the pocket of Kurta of the father of the informant. Learned counsel appearing on behalf of the petitioner submits that out of the three injuries of Sheikh Shahid alias Sheikh Dhela, the father of the informant, one is lacerated wound on parietal region of his skull, which is said to be caused by this petitioner. Due to grudge and enmity with the informant, the petitioner has falsely been implicated in this case and is in custody since 04.11.2019.

On the other hand, learned counsel for the informant submits that in the occurrence, Sheikh Shahid alias Sheikh Dhela, the father of the informant, sustained fracture injury in his left hand, which was operated, fixing the iron plate. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released

Patna High Court CR. MISC. No.87259 of 2019(2) dt.20-01-2020 3/3 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 the Additional Chief Judicial Magistrate-I, Bagaha, West Champaran, in connection with Bagaha P.S. Case No.580 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T