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Patna High CourtCR. MISC./25645/2022bail granted

Md Altaf @ Md Altab v. The State Of Bihar

2022-11-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25645 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MD ALTAF @ MD ALTAB Son of Md. Aftab Resident of Village - Momin Shah Majar, Imamganj, Near Banarash Bank Chowk, P.S.- Town, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2022 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, 147, 148, 149, 341, 323 and 385 of the Indian Penal Code. As per the prosecution case, while the informant was returning home along with his brother after closing his shop, it is stated that the accused persons including Md. Laat Saheb and Md. Sohail fired from the pistol which misfired. As a result of the assault, the informant and his brother sustained injuries. The name of the petitioner transpired in course of the investigation. It is submitted by learned counsel for the petitioner that by order dated 24.3.2022 passed in Cr. Misc. no. 49740 of

Patna High Court CR. MISC. No. 25645 of 2022(3) dt.14-11-2022 2/2 2021, the petitioner was directed to be enlarged on anticipatory bail, however in view of the fact that the petitioner had been taken into custody on 1.1.2022 itself ie before passing of the aforesaid order granting anticipatory bail, he was not released. The petitioner is in custody since 1.1.2022 and chargesheet has been submitted in the case.

Having heard learned counsel for the parties and taking into consideration the nature of the allegation, the petitioner having remained in custody since 1.1.2022 and having been granted anticipatory bail vide order dated 24.3.2022 (Annexure-1) together with chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Town P.S. Case no. 8 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur (East), District- Muzaffarpur. (Partha Sarthy, J) avinash/- U T