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Patna High CourtCR. MISC./72084/2022allowed

Nasir Alam v. The State Of Bihar

2023-02-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72084 of 2022 Arising Out of PS. Case No.-469 Year-2022 Thana- DHAKA District- East Champaran ====================================================== NASIR ALAM S/o Ali Akhtar Alam R/o Village- Islampur tola, Dhaka, P.S.- Dhaka, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 324, 307, 504, 506/34 IPC. Allegation against petitioner is of giving knife blow in the chest of informant with an intent to kill.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that there was no repetition of blow and there was no intention to commit murder. From the injury report, it appears that the informant had sustained incised wound of size 1/2" x 1/4" x 1/8" on left side of chest, which injuries are

Patna High Court CR. MISC. No.72084 of 2022(2) dt.02-02-2023 2/2 simple in nature.

Learned APP for the State opposed the prayer for bail by submitting that it is not mentioned as to whether the injury was simple or grievous in nature.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dhaka P.S. Case No.469 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T