Patna High CourtCR. MISC./49868/2023bail granted

Md. Iftekhar Alam v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49868 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Md. Iftekhar Alam Son Of Late Khurshid Alam Resident Of VillageNayagaon, P.S. Shayampur Bhataha, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha. Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023

1. Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 214 of 2023 registered for the offence under Sections 341, 342, 323, 324, 504 and 506/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35, 36 of the Arms Act.

3. As per the prosecution case, the petitioner is said to be a member of the group which tried to kidnap the informant after injuring him.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 20.06.2023 he is quite innocent and has not committed any offence.

5. Learned counsel for the petitioner further submits that the petitioner is the driver of the vehicle in question

Patna High Court CR. MISC. No.49868 of 2023(2) dt.19-08-2023 2/2 and he was himself assaulted by the local people. His vehicle was taken on hire by another co-accused and he did not have knowledge that such occurrence may take place. He further submits that recovery of country made pistol is not from the possession of the petitioner but it has been recovered from the co-accused.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail after completing six months in custody and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari/concerned Court below in connection with Kalyanpur P.S. Case No. 214 of 2023.

9. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T