Md. Koshar Alam @ Md. Kausar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67193 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== MD. KOSHAR ALAM @ MD. KAUSAR ALAM Son of Noor Alam @ Noor Mohammad Resident of Village- Kahra, Ward No.-24, Police Station and District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 147,148,149,341,323,307,504,506 of the Indian Penal Code and Section 27 of Arms Act. Allegation against the petitioner is that he fired upon the informant causing injury on his leg.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that due to land dispute, a complaint case was filed by the father of the petitioner against the informant. Further submits that the allegation against the petitioner is that he fired upon the informant but the injury report of the

Patna High Court CR. MISC. No.67193 of 2022(2) dt.21-03-2023 2/3 informant suggests that the injury is not on the vital part of the body of the informant rather the injury is on the leg of the informant. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 05.08.2022.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one more case other than the present one.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saharsa Sadar P.S. Case No. 65 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.67193 of 2022(2) dt.21-03-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T