Md. Shamsad @ Md. Shamsad Alam@Shamshad Ali@Shamshad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8242 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -BALRAMPUR DistrictKATIHAR ====================================================== MD. SHAMSAD @ MD. SHAMSAD ALAM @ SHAMSHAD ALI @ SHAMSHAD ALAM son of late Moulbi Gyasuddin, resident of villageDullhapur, Laucha, P.S.- Balrampur, District- Katihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 447 /341 /323 /307 /354 /504 / 506 /34 of IPC .
Allegation against the accused including the petitioner is to have assaulted the informant, his father and brother, out of whom Muztaba Hussain, father of the informant succumbed to his injuries on the next date of the occurrence during treatment.
Learned counsel for the petitioner submits that there is no allegation of overtact against the petitioner and he has no criminal antecedent.
Patna High Court Cr.Misc. No.8242 of 2015 (3) dt.21-04-2015 2/2 Learned counsel for the State submits that from perusal of the case-diary it appears that there is specific allegation of overtact against the petitioner and from perusal of the postmortem report it also appears that the deceased had four injuries including the injury on head and the doctor had also opined that the deceased died due to assault.
Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.
Let the trial be expedited.
(Amaresh Kumar Lal, J) Kanchan/- U T