Sadre Alam @ Md. Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51849 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -BELSAND District- SITAMARHI ======================================================

1. Sadre Alam @ Md. Sadre Alam Son of late Nasir Alam@Nasir Sah Resident of Village- Belsand, P.S.- Belsand, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307/120B/34 of the Indian Penal Code and Section 27 of the Arms Act. According to F.I.R. the petitioner had taken the informant from his house and proceeded to Congress Ashram. At the Congress Ashram two shots were fired by unknown person and one hit at the waist of the informant. Suspicion is that the petitioner, who was on friendly term with the agnates of the informant with whom the informant had land dispute, might have conspired for the said occurrence. During investigation some

Patna High Court Cr.Misc. No.51849 of 2016 (4) dt.09-02-2017 2/2 witnesses stated that in fact the petitioner had fired, which caused injury to the informant. The subsequent statement of the witnesses is apparently subsequent development of the prosecution case. Learned counsel for the informant opposed the prayer of bail on the ground that some of the eyewitnesses have claimed before the police that petitioner had fired causing injury to the informant.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. K.K. Shahi, learned Judicial Magistrate, 1st Class, Sitamarhi/Successor Court in connection with Belsand Police Station Case No.65 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T