Moin Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14252 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -HASPURA District- AURANGABAD ====================================================== Moin Shah, son of Late Rahman Shah, resident of village-Salempur, P.S. Haspura, District-Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 13-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Haspura P.S. Case No.17 of 2015 registered under Sections 147, 148, 149, 341, 323, 307, 504, 506 and 302 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that earlier the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 05.02.2016 passed in Criminal Misc. No.50653 of 2015. Further submission is that it would appear from the F.I.R. itself that there is specific allegation against the petitioner and three other accused, namely, Mahmud Shah alias Bhola Shah, Muslim Shah and Pappu Shah to give 'Garasa' blow on the head of Atim Shah, the father of the

Patna High Court Cr.Misc. No.14252 of 2016 (2) dt.13-04-2016 2/2 informant Munna Shah, who died later on but in the post-mortem report of the deceased, out of the four injuries, only one sharp cutting injury was found on the head of the deceased. It is further submitted that after investigation, the police has submitted final form against the aforesaid three co-accused, namely, Mahmud Shah alias Bhola Shah, Muslim Shah and Pappu Shah, which would appear from Annexure-'6' to this application. The petitioner having no criminal antecedent is in custody since 31.07.2015 and the charge-sheet against the petitioner has already been submitted by the police in this case.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Gaurav Anand, Judiicial Magistrate, First Cass, Daudnagar, Aurangabad, in connection with Haspura P.S. Case No.17 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T