Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1259 of 2021 Arising Out of PS. Case No.-350 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== MD. DANISH SON OF NEPALI MIYAN RESIDENT OF MOHALLA - GAYGHAT, CHAND COLONY, P.S. - ALAMGNJ, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Alamganj P. S. Case No. 350 of 2020, dated 20.06.2020, instituted for the offences under Sections 341, 447, 307, 504, 506 and 34 of the Indian Penal Code.

It has been alleged in the F.I.R. that the petitioner attacked the informant by means of a sharp cutting weapon. While warding off that attack, the informant got hurt in his palm and started bleeding. Other persons also are said to have assaulted the informant.

Patna High Court CR. MISC. No.1259 of 2021(2) dt.02-07-2021 2/3 The learned counsel for the petitioner has submitted that he earns his livelihood as a plumber in Dehradun but has been made accused in this case because he has refused to become a witness in favour of the informant who is accused of a murder case.

Apart from this, it has been submitted that the informant is a person with tainted background whereas the petitioner is a person of clean antecedents. It is highly improbable that the petitioner would have attacked a person with such questionable antecedents.

The injury suffered by the informant is stated to be simple in nature.

It has also been stated that the informant may have received injuries in some other transaction but because of the refusal of the petitioner to become a witness on his behalf in a murder case in which the informant is sought to be prosecuted, he has been made accused in this case. Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below

Patna High Court CR. MISC. No.1259 of 2021(2) dt.02-07-2021 3/3 within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Patna City, in connection with Alamganj P. S. Case No. 350 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T