Nasir Alam @ Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26897 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- SATHI District- West Champaran ====================================================== Nasir Alam @ Nasir, aged about 45 years, Male,Son of Late Ash Mohammed Resident of village - Belawa, P.S. - Sathi, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujeet Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sathi P.S. Case No. 301 of 2022 dated 24.12.2022, instituted for the offences punishable under Sections 341, 324, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Allegation against the petitioner as well as other co-accused persons is of abusing, assaulting the informant and his wife by lathi, danda and stabbing his son and snatching of Rs. 80,000/- cash from the pocket of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case due to land disputes. It is further submitted that the injury report which says that the injury of the informant's son is simple in nature but as per the prosecution case, the petitioner has stabbed the son of the informant over his left side of abdomen.

Patna High Court CR. MISC. No.26897 of 2023(2) dt.24-05-2023 2/2 Learned counsel submitted that the name of the petitioner transpired in this case merely on the basis of suspicion. It is further submitted that both the parties are agnates. Lastly, it has been submitted that the petitioner is in custody since 26.12.2022 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-2nd, Bettiah, DistWest Champaran in connection with Sathi P.S. Case No. 301 of 2022.

(Khatim Reza, J) annpurna/- U T