Liddu Miya @ Md. Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6571 of 2022 Arising Out of PS. Case No.-12 Year-2020 Thana- BATH District- Bhagalpur ====================================================== LIDDU MIYA @ MD. LADDU SON OF MD. AASIK, R/O - CHARASH GODAM, P.S.- BATH, DISTRICT- BHAGALPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sessions Case No. 203/2020 and Sessions Trial No.270/2020, arising out of Bath P.S. Case No. 12 of 2020 registered for offence punishable under sections 147, 148, 149, 323, 307, 337, 338, 504, 506 of the Indian Penal Code and later on, section 302 of the Indian Penal Code has been added. As per allegation, the present petitioner threw brickbats at the house of the informant. When the informant

Patna High Court CR. MISC. No.6571 of 2022(2) dt.26-05-2022 2/3 tried to pursue him, the named accused persons at the order of the present petitioner, badly assaulted the informant and his wife Chano (deceased), his father Hussain, his mother and brother. The informant and his wife were brought to hospital and in course of treatment, his wife died.

The learned counsel for the petitioner has submitted that there is no allegation of assault to deceased against the petitioner. He is mere order giver. Co-accused persons, namely, Md. Aslam @ Nata, Md. Chhotu and Md. Harun @ Chand Munna against whom there was allegation of assault to the deceased and the informant, have been granted bail by the coordinate Bench in Cr. Misc. No. 9783 of 2021. He has submitted further that the petitioner is a person of clean antecedent and he is under custody since 06.08.2021. Considering the above-mentioned facts and circumstances, specially the fact that co-accused persons on similar footing have been granted bail by the coordinate Bench, the petitioner above-named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-X, Bhagalpur in connection with Sessions Case No. 203/2020 and Sessions Trial No. 270/2020, arising out of Bath P.S. Case No.12 of 2020,

Patna High Court CR. MISC. No.6571 of 2022(2) dt.26-05-2022 3/3 subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T