Md. Ersad @ Bechan @ Bechna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23724 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== Md. Ersad @ Bechan @ Bechna S/o Late Md. Hasim Resident of VillageMilky Mohalla, Balughat Road, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 165 of 2021 lodged under Sections 341, 307, 34 of the Indian Penal Code read with Section 27 of the Arms Act.

As per the prosecution case, the informant is a worker in a sweet shop, on 25.07.2021 at about 2.30 p.m. when he went to a nearby Chai Pan shop the petitioner was standing outside and demanded Khaini from him during which the co-accused fired on the informant but failed then the petitioner took the pistol from him and shot on informant in the left side of his

Patna High Court CR. MISC. No.23724 of 2022(2) dt.29-07-2022 2/3 chest. The petitioner bleed heavily and loss consciousness. Mother of the informant brought him to hospital, thereafter, he filed this case.

Learned counsel for the petitioner submits that the entire prosecution story is false due to the reason that the allegation made in the F.I.R. and the injry which is Annexure-2 are not supporting each other. The injury indicates that there was swelling and bleeding from left arm and nature of injury is simple. Learned counsel for the petitioner further submits that petitioner is in custody since 12.09.2021 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bhagalpur in connection with Sultanganj P.S. Case No. 165 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.23724 of 2022(2) dt.29-07-2022 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T