Gulam Sarwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22318 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== GULAM SARWAR Son of md. Siddik Resident of Village - Kirora, P.S. - Balrampur, District - katihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Manzer Karim For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 120(B)/34 of the Indian Penal Code As per the prosecution case, the co-accused, Mahib Akhtar @ Moulvi fired at the informant's brother which hit into his stomach. The injured brother of the informant narrated the name of the petitioner and other accused persons.
Patna High Court CR. MISC. No.22318 of 2022(2) dt.05-07-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. He further submitted that the main allegation of firing is against the co-accused, Mohib Akhtar @ Moulvi. There is no overt act against the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition and he is in custody since 07.03.2022. Learned counsel for the petitioner further submits that the other co-accused person has already been granted bail by Coordinate Bench of this Court vide order dated 26.05.2022 passed in Cr. Misc. No. 14299 of 2022. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Katihar, in connection with Balrampur P.S. Case No. 199 of 2021, with condition:-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.22318 of 2022(2) dt.05-07-2022 3/3 cause, the bail bond of the petitioner will liable to be cancelled. The application stands allowed.
(Chandra Prakash Singh, J) sanjeev/- U T