Samsher Ali @ Shamsher Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30659 of 2023 Arising Out of PS. Case No.-150 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== Samsher Ali @ Shamsher Ali Son of Mahammad Miyan @ Ahmad Miyan @MOHAMMAD Mian Village Bakhraur Jadi, P.S Barauli, District Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Barauli P.S. Case No. 150 of 2021 registered for the offence punishable under Sections 341, 447, 323, 324, 307, 354 (A), 325, 379, 427, 504 and 34 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioner is that he gave sword blow causing injury on the ear and forehead of the informant and also gave sword blow to Noor Mohammad Ansari causing head injury to him. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous pattidari dispute. He further submits that the allegation against the petitioner is not corroborated by the
Patna High Court CR. MISC. No.30659 of 2023(2) dt.14-06-2023 2/2 injury report of injured. Petitioner himself surrendered before the learned Court below on 14.03.2023 and is in jail custody since then. Petitioner has no criminal antecedent. Charge-sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, 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 the learned Judicial Magistrate- Ist Class, Gpalganj in connection with Barauli P.S. Case No. 150 of 2021.
(Sunil Dutta Mishra, J) ashutosh/- U T