Saiyad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6225 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- RAUTA District- Purnia ====================================================== 1.

Saiyad Son of Kutubuddin Resident of Village- Sirsi, P.S.- Routa DistrictPurnea 2.

Sakil Son of Kutubuddin Resident of Village- Sirsi P.S.- Routa DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

The petitioners seek bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of fencing TATTI, an altercation took place between the parties and in consequence thereof, the accused persons started assaulting informant's husband. It is also alleged that the accused persons gave Dabiya blow to the informant's husband, as a result of which, he succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.6225 of 2019(3) dt.23-04-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 19-11-2018 Charge sheet has already been submitted. The main allegation of assault is alleged against the co-accused Md. Hassan. The postmortem report also corroborates the fact that the main allegation is against Md. Hassan. So far the petitioners are concerned, general and omnibus allegation has been made against the him. No specific injury is attributed against them. On behalf of the State and O.P. No. 2 , it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Purnea in connection with Routa P.S. Case No. 88 of 2018.

(Sudhir Singh, J) A.K.V.//- U T