Md. Altaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65093 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== MD. ALTAF S/O MD. KALIM R/O VILLAGE- BHADEJA, P.SMUFFASIL, DISTT.- GAYA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priya Ranjan, Advocate Mr. Sanjeev Kumar, Advocate Mr. Nitish Kumar, Advocate For the Informant :
Ms. Deepika Sharma, Advocate Mr. Rajat Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 379, 427 and 504 of the Indian Penal Code.
3. As per allegation in the F.I.R. it is the case of assault by the petitioner and other named co-accused persons with Hockey stick, Lathi and Danda to the informant and they also assaulted the informant's wife.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to family dispute. There is a case and counter case between the
Patna High Court CR. MISC. No.65093 of 2023(2) dt.12-10-2023 2/2 parties and there is a delay of more than sixteen days in lodging the FIR. It is next submitted that no independent witnesses have supported the case of the prosecution. Petitioner has got no criminal antecedent and languishing in judicial custody since 15.06.2023.
5. The application for bail is opposed by learned APP for the State and by learned counsel for the informant.
6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya, in connection with Muffasil P.S. Case No. 167 of 2022.
(Sunil Kumar Panwar, J) Adnan/Guddu U T