Md Anish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34978 of 2021 Arising Out of PS. Case No.-641 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== MD ANISH S/o Md. Hadish Resident of Village- Sat Nagar Ward No.15, P.S.- Saharsa, Dist- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 341, 307, 427, 506/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with co-accused, Golu Singh, are alleged to have fired upon the informant but no-one was hurt rather vehicle of informant was damaged.

Learned counsel appearing for the petitioner submits that although there is allegation of firing but no injury has been caused to any one. This petitioner has been implicated in this case only on guess and surmises at the instance of enemies of the petitioner. Petitioner is in custody since 19.02.2021 and investigation in this case against the petitioner is complete .

Patna High Court CR. MISC. No.34978 of 2021(2) dt.09-09-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum- Special Judge, Saharsa in connection with Saharsa Sadar PS case No. 641/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T