Lal Mohammad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86586 of 2019 Arising Out of PS. Case No.-413 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

Lal Mohammad Khan S/o Ahmad Khan R/O Village Nakardei, P.S. Sugauli, District East Champaran.

2.

Shamim Ahmad Khan S/o Late Lal Mohammad Khan R/O Village Nakardei, P.S. Sugauli, District East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners seek bail in connection with Sugauli P.S. Case No. 413 of 2019 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the petitioners have been implicated in the case without any plausible basis out of sheer malice. They have no concern with the alleged occurrence and they have been named in the case only on account of previous enmity. It is further contended that from the allegations made in the first information report, it would evident that there was no intention to kill the

Patna High Court CR. MISC. No.86586 of 2019(3) dt.19-03-2020 2/2 informant. The intention can also be inferred from the fact that there is only a single blow alleged to have been inflicted upon the informant and the injury report would suggest that the two injuries found by the doctor on the person of the informant were simple in nature.

Learned counsel for the State and learned counsel for the informant have vehemently opposed the prayer for bail to the petitioners.

Considering the submissions advanced at the bar, the allegations made in the first information report and the fact that the petitioners are in custody since 26.11.2019 and investigation of the case has already been completed, they are directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P.S. Case No. 413 of 2019.

(Ashwani Kumar Singh, J) rohit/- U T