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Patna High CourtCR. MISC./2321/2022bail granted

Kashid @ Kasid v. The State Of Bihar

2022-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2321 of 2022 Arising Out of PS. Case No.-105 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== KASHID @ KASID S/o Late Attiullah @ Late Atikullah R/o villageGuabari, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Shankar, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2022 Heard the petitioner, State and the informant. The petitioner seeks bail in Kundwa Chainpur P.S. Case No. 105 of 2020, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, 20 FIR named including the petitioner and 10-12 unknown persons having armed with weapons came at the house of informant and thereafter committed assault as a result of which five persons sustained injuries out of them one Shabir Ahmad died due to firearm injuries during course of treatment.

It is submitted on behalf of the petitioner that though petitioner is named in the FIR, but no specific overt act has been

Patna High Court CR. MISC. No.2321 of 2022(2) dt.24-03-2022 2/2 alleged against this petitioner. Specific allegation of causing assault and firearm injury is against other co-accused persons. Similarly situated co-accused have been granted bail by this Court vide order dated 07.04.2021 passed in Cr. Misc. No. 982 of 2021. Petitioner is in custody since 27.8.2021. Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate V, Sikrahana at Dhaka, East Champaran in connection with Kundwa Chainpur P.S. Case No. 105 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T