Md. Kausher @ Md. Koushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51514 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== MD. KAUSHER @ MD. KOUSHAR S/o Md. Jamal Resident of VillagePokhariya, Ward No.01 @ Ramnagar Mahesh, P.S.- Srinagar, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 326, 120B, 506/34 of the Indian Penal Code. As per prosecution case, the informant alleged that the son of the informant was being dragged by the petitioner and along with co-accused persons. On order of Md. Jamal, coaccused Osama fired upon the right temple of the informant's son as a result of which he sustained firearm injury. Thereafter, injured was taken to hospital for treatment.

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

Patna High Court CR. MISC. No.51514 of 2022(4) dt.15-02-2023 2/2 petitioner and informant are co-villager and there is previous animosity between them due to which the petitioner has falsely been implicated in this present case. Specific allegation of firing upon the informant's son is against co-accused namely, Osama not against this petitioner. It is further submitted that the case has been lodged by the informant in delay of five days. The petitioner is languishing in judicial custody since 12.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Srinagar P.S. Case No. 14 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 S.D.J.M., Madhepura/ concerned Court.

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