Abul Khairuddin Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Abul Khairuddin Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner enlarged on bail in Chakai P.S. Case No. 352 of 2023 upon bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, Jamui.

Issue for consideration

Whether the petitioner, who is in judicial custody since 06.11.2023 in connection with Chakai P.S. Case No. 352 of 2023 registered under sections 147, 148, 149, 341, 323, 325, 307 and 504 IPC, deserves regular bail.

Court's answer

Having heard the parties and considering the facts and circumstances of the case as well as the petitioner's custody, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Chakai P.S. Case No. 352 of 2023 on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, Jamui.

Detailed headnote1 paragraphs

REGULAR BAIL ALLOWED - Cr. Misc. No. 7577 of 2024 (Patna High Court, oral order dt. 17-02-2024, Sunil Kumar Panwar, J) arising out of Chakai P.S. Case No. 352 of 2023, Dist. Jamui, registered for offences punishable under sections 147, 148, 149, 341, 323, 325, 307 and 504 IPC. Allegation: co-accused assaulted the informant and his family members on the petitioner's order, motive being a land dispute; petitioner further alleged to have assaulted the informant by means of stick; informant's injury simple as per injury report; case and counter case between parties with injuries to both sides. Petitioner pleaded innocence, false implication due to land dispute, absence of criminal antecedent (para-3 of petition) and custody since 06.11.2023; learned APP for the State and counsel for the informant opposed the prayer. Considering the facts, circumstances and custody, the court enlarged the petitioner on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7577 of 2024

Arising Out of PS. Case No.-352 Year-2023 Thana- CHAKAI District- Jamui

======================================================

Abul Khairuddin S/O Late Saukat @ Saukat Ali Resident Of Saraun Bazar @ Sarane, Ps. Chakai, Dist. Jamui.

... ... Petitioner/S

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Parasar For the Opposite Party/s : Mr. Murli Dhar For the Informant : Mr. Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

2 17-02-2024

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

The petitioner has prayed for regular bail in a case

registered for the offence punishable under sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code.

Allegation against co-accused persons is that they assaulted the informant along with his family members on the order of this petitioner due to which they sustained injuries and the reason behind this as alleged occurrence is said to be land dispute. It is further alleged that this petitioner assaulted the informant by means of stick.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.7577 of 2024(2) dt.17-02-2024 2/2

falsely been implicated in this case due to land dispute. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per FIR, petitioner assaulted the informant by means of stick and the nature of the injury of the informant is simple as per injury report. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.11.2023.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakai P.S. Case No. 352 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui.

(Sunil Kumar Panwar, J)

sushma/- U T