Md. Imran @ Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89347 of 2024 Arising Out of PS. Case No.-80 Year-2023 Thana- POTHIYA District- Kishanganj ====================================================== Md. Imran @ Imran, Son of Miswaul @ Mishva Alam, Resident of Mukhtar Basti, Malanapara, P.S. - Pothia, District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Adv.
For the State :
Mr. Binod Kumar No. 3, APP For the Informant :
Mr. Manoj Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-01-2025 Heard Mr. Mritunjay Kumar, learned counsel for the petitioner, Mr. Binod Kumar No. 3, learned APP for the State and Mr. Manoj Kumar Pandey, learned counsel for the informant.
2. Petitioner seeks regular bail in connection with Pothia P.S. Case No. 80 of 2023 dated 08.04.2023 registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 452, 504 and 506 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that in between both the parties, there was a civil dispute relating to possession over a government land at the relevant time of the commission of the alleged occurrence and now, a good relation has restored in between them and they
Patna High Court CR. MISC. No.89347 of 2024(3) dt.24-01-2025 2/3 have filed a compromise petition before the trial court and in this regard, Annexure - '4' may be perused. It is further submitted that prior to the registration of the FIR, an informatory petition had been filed by the co-accused persons, namely, Samsher Ali and Iftekhar Alam showing their apprehension of false implication by the prosecution party in a false case and in this regard Annexure - '3' is relevant. It is further submitted that the petitioner has fair and clean antecedent and has been languishing in jail since 14.11.2024 and against him, the investigation has been completed and the anticipatory bail prayer of other co-accused persons, namely, Iftekhar, Rafique, Rakib @ Rakib Alam, Misba @ Misba Alam, Nargis and Aslam has been allowed by this Bench vide order dated 07.11.2023 passed in Cr. Misc. No. 69218 of 2023.
4. Learned counsel appearing for the informant accepts the aforesaid compromise and he is not opposing to the prayer of the petitioner and he prays this Court to direct the petitioner to cooperate in the trial.
5. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
6. Considering the aforesaid submissions advanced by petitioner's counsel, particularly, with regard to completion of
Patna High Court CR. MISC. No.89347 of 2024(3) dt.24-01-2025 3/3 the investigation against the petitioner and his fair and clean antecedent, this Court is inclined to grant the relief of regular bail to the petitioner. Accordingly, let the petitioner namedabove be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Pothia P.S. Case No. 80 of 2023, on the following condition :- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial court and shall remain physically present as directed by the trial court and on his absence on three consecutive dates without sufficient reason, his bail bond shall be cancelled by the trial court.
(Shailendra Singh, J) annu/- U T