Patna High CourtCR. MISC./5653/2018disposed

Md. Alisher @ Alisyer@Md. Alisyer v. The State Of Bihar

2018-03-28Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5653 of 2018 Arising Out of PS.Case No. -387 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================

1. MD. ALISHER @ ALISYER@MD. ALISYER Son of Md. Kamil, Resident of Village-Ninga Baluara Tala, P.S. Barauni, District Begusarai, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 28-03-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody since 18.11.2017, seeks bail in Barauni PS Case No. 387 of 2017, registered under Sections 147, 148, 149, 323, 324 307 and 504 of the IPC.

The allegation in brief is that the petitioner and other accused persons were giving pressure to the informant to withdraw the case earlier instituted against them and it is alleged that this petitioner and co-accused Shamshad gave sword blow over head of the informant and his wife.

Submission is that only one injury each is found over the head of the informant's wife and on the head of the informant, though both are simple in nature.

Whereas learned Counsel for the informant submits that repeatedly they are assaulting the informant side and the present occurrence was committed for withdrawing the earlier case. Having considered the said facts and circumstances, the petitioner Md. Alisher @ Alisyer @ Md. Alisyer is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

Patna High Court Cr.Misc. No.5653 of 2018 (5) dt.28-03-2018 thousand) with two sureties of the like amount each to the satisfaction of CJM Begusarai in connection with Barauni PS Case No. 387 of 2017 with the following conditions:- (i) he shall not commit similar offence;

(ii) he shall not inducement to the witnesses or threatening; and (iii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled. Snkumar/- (Arun Kumar, J) U T