Md. Alisher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13833 of 2024 Arising Out of PS. Case No.-94 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Md. Alisher S/o Md. Kadir R/o vill - Jhakargarh, P.S. - Chhatapur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Mishra, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Ashok Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Chhatapur P.S.Case No.94 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code .

3. Allegation against the petitioner is of assaulting the informant by means of sword on the head with an intention to kill him.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and no such occurrence has taken place and just to implicate the petitioner in a false case, it has been alleged that he had assaulted by means of sword, while the opinion of the Doctor is that the injury is caused by a hard and blunt substance and the injury is simple in

Patna High Court CR. MISC. No.13833 of 2024(2) dt.12-03-2024 2/2 nature.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR and the injury is simple in nature, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Supaul/concerned court, in connection with Chhatapur P.S.Case No.94/2024, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U