Patna High CourtCR. MISC./23218/2015bail granted

Md. Lalo @ Lal Mohammad v. The State Of Bihar

2015-09-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23218 of 2015 Arising Out of PS.Case No. -370 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================

1. Md. Lalo @ Lal Mohammad S/ Md. Sadik R/o village - Kariho Bara Tola, P.S. + District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Navin Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant named as many as 11 persons and 1520 unknown persons and alleged that Md. Basir, Md. Idris, Md. Sattar, Md. Alam and Md. Saddam brutally assaulted his mother, Julekha Khatoon. Md. Basir pierced Gupti in the eye of Julekha Khatoon. Julekha Khatoon died on the spot. The accused persons are alleged to have assaulted Md. Shamim also. It is submitted that, of course, the petitioner is named in the FIR but no specific allegation is made against him.

Patna High Court Cr.Misc. No.23218 of 2015 (3) dt.22-09-2015 2/2 Similarly situated accused Binod Kamat @ Binod and Sahnaz Parveen and others have already been enlarged on bail. The learned counsel for the informant as well as the learned Additional Public Prosecutor could not be able to show any overt act on the part of the petitioner. Learned counsel for the informant submits that the petitioner has got criminal antecedent and he is accused in four other criminal cases. Having considered the fact that no specific allegation is made against the petitioner and similarly situated accused persons have already been enlarged on bail, the above named petitioner 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 Chief Judicial Magistrate, Supaul in Supaul P.S. Case No. 370 of 2014.

(Prabhat Kumar Jha, J) BKS/- U T