Balister Alam @ Balister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78451 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- GARVANDANGA District- Kishanganj ====================================================== Balister Alam @ Balister S/O Late Abid Alam Village- Talwarbandha, Ps. Garbandanga, Dist. Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the State :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Garbandanga P.S. Case No. 33 of 2022 instituted for the offence under Sections 323, 324, 325, 307, 504 of the Indian Penal Code.

3.

As per prosecution case, it is alleged that petitioner has assaulted his mother with intention to kill her and gave lathi blow to informant.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.78451 of 2023(2) dt.07-12-2023 2/3 that the petitioner is in custody since 29-08-2022. Petitioner is a man of clean antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge-sheet has already been framed in this case. It is also submitted that injury sustained by petitioner's mother as well as informant is simple in nature.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and injury, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garbandanga P.S. Case No. 33 of 2022 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.78451 of 2023(2) dt.07-12-2023 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T