Md. Arshad Ali @ Arshad Ali @ Arshad Ali Kaifi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20363 of 2023 Arising Out of PS. Case No.-549 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== MD. ARSHAD ALI @ ARSHAD ALI @ ARSHAD ALI KAIFI Son of Md. Haider Ali R/V- Ashapure, P.S- Bahera, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Ashfaque Ahmad For the Opposite Party/s :
Mr.Binod Kumar No. 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Bahera P.S. Case No. 549 of 2022, registered for the offences punishable under Sections 341, 323, 307, 379, 354(B), 34 of the IPC.
The only allegation against the petitioner is that on his order, co-accused Jata Shankar assaulted the informant on his head with Khanti and he became injured. Other named accused persons assaulted the family members of the informant. The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is a bonafide purchaser of a piece of land from co-accused
Patna High Court CR. MISC. No.20363 of 2023(2) dt.15-05-2023 2/2 Jata Shankar, who is agnate of the informant and it was the reason that he was falsely implicated in this case. On the same day, the defense side has also lodged a case against the prosecution side. Moreover, the petitioner is only order giver and is under custody since 24.12.2022.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Benipur, Darbhanga in connection with Bahera P.S. Case No. 549 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) Kundan/Nirmal U T