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Patna High CourtCR. MISC./46732/2024bail granted

Rafik Alam @ Tikia v. The State Of Bihar

2024-07-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46732 of 2024 Arising Out of PS. Case No.-547 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== RAFIK ALAM @ TIKIA SON OF SHER MOHAMMAD @ SHER MOHMAD RESIDENT OF VILLAGE - MOHIUDDINPUR, GHORAMARA, POLICE STATION - KISHANGANJ IN THE DISTRICT OF KISHANGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with S.Tr. No. 42 of 2022 (arising out of Kishanganj P.S. Case No. 547 of 2021) for the offences punishable under Sections 341,. 504, 307 of the Indian Penal Code..

3. As per allegation, while the informant's husband went to the mosque for offering Namaz, the accused persons came there and started abusing and assaulting him by means of knife, as a result of which, he sustained injuries.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that on 05.03.2024, the date was fixed in the case for appearance but no pairvi was made on

Patna High Court CR. MISC. No.46732 of 2024(2) dt.10-07-2024 2/2 behalf of the petitioner and resultantly, his bail bond was cancelled.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kishanganj in connection with S.Tr. No. 42 of 2022 (arising out of Kishanganj P.S. Case No. 547 of 2021), subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall appear in the court below on each and every date fixed in the case and if he fails to do so on two consecutive dates, the learned court below shall be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J) Nirmal/- U T