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2025 DAILYLAW 91905 (PAT)

Sonu Shah @ Mumtaj Shah v. The State of Bihar

CR. MISC./1536/2025 · 2025-01-17

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1536 of 2025 Arising Out of PS. Case No.-268 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Sonu Shah @ Mumtaj Shah S/o- Ahad Shah @ Ahmad Shah @ Abdul Ahid Shah RV- Sikandarpur PS-Chainpur District- Kaimur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aquaib Khan, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chainpur P.S. Case No. 268 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 115(2), 117(2), 109, 74, 303(2), 324(4)(5), 329(3), 352, 351(2) of BNSS & Section 27, 25(1-B) of the Arms Act. 3. The case of the prosecution is that petitioner along with others being armed with gadasa, iron rod, rifle, bhala and lathi entered into the house of the informant. After that Afsar Sah assaulted with gadasa on the head of Fahimu Zama Khan. Akman Sah assaulted Sain with iron rod. There is further allegation against Akman and Afsar that they started Patna High Court CR. MISC. No.1536 of 2025(2) dt.17-01-2025 2/3 strangulating Basar Ali Khan, 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that there is allegation of strangulating to Basar Ali Khan and there is allegation of assault with gadasa but from perusal of the injury report it is clear that there is only one wound on the head and second injury is pain in left lower leg. There is wound on right toe and body ache. The injury of one Fahimu Zama Khan is simple in nature. It has been argued that petitioner side has also filed case against the informant and others in which case Anees Sah died. It seems to be counter blast of that case. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 02.12.2024 in Cr. Misc. No. 78784 of 2024. 5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in Patna High Court CR. MISC. No.1536 of 2025(2) dt.17-01-2025 3/3 connection with Chainpur P.S. Case No. 268 of 2024, he will be enlarged 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 learned A.C.J.M.-II, Kaimur at Bhabua subject to the conditions as laid down under section 438(2) of the Cr.P.C. sudhanshu/- (Ashok Kumar Pandey, J) U