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Patna High CourtCR. MISC./9389/2024allowed

Md Aliser @ Md Aliser Mansuri v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9389 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- PIPRA District- Supaul ====================================================== Md Aliser @ Md Aliser Mansuri son of Late Mahil Mansuri Vill- Maheshpur W.No-11, Ps- Pipra Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 342, 323, 504, 506, 307, 379, 448, 34 of the IPC.

3. As per FIR, the informant alleged that the petitioner and co-accused persons came at her house and started abusing her due to previous dispute and when she protested, then on the order of co-accused, one Samer Alam assaulted on her head by means of iron rod due to which she sustained injuries. It is further alleged that when her father came to save her, in the meantime, the petitioner assaulted on

Patna High Court CR. MISC. No.9389 of 2024(2) dt.20-02-2024 2/3 her father by means of axe due to which he sustained head injury.

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 present case due to previous dispute and dirty village politics. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per Para-8, of the bail petition, the petitioner assaulted upon the head of the informant's father, and opinion in respect of his injury is reserved. As per Annexure-2, good sense has also been prevailed between the parties. The petitioner is languishing in judicial custody since 31.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 250 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

Patna High Court CR. MISC. No.9389 of 2024(2) dt.20-02-2024 3/3 Additional Chief Judicial Magistrate-VI, Supaul. (Sunil Kumar Panwar, J) Manishkr/- U T