Isharafil Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42083 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Isharafil Alam Son Of Md. Yunus @ Yunus Saifi Resident Of VillageSewaraha, Ward No. 4, Ps- Harsidhi, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 325, 307, 379, 354(A), 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner is alleged to have assaulted the informant as well as his grandmother by means of iron rod due to which they sustained injuries. Other co-accused persons are alleged to have outraged the modesty and took away ornaments from house of the informant. It is also alleged that the petitioner fired in air by country made pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.42083 of 2023(3) dt.07-08-2023 2/2 falsely been implicated in this case due to dirty village politics. From perusal of FIR, the petitioner is alleged to have fired but did not hit anyone. It is also submitted that there is case and counter case between the parties. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 24.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harsidhi P.S. Case No. 271 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari at East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T