Md. Sahub Khan @ Shahoob Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36288 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -BELSAND District- SITAMARHI ======================================================
1. Md. Sahub Khan @ Shahoob Khan, S/o Late Jainul Khan, resident of village- Pandrahi, P.S. Belsand, Dist. Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40690 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -BELSAND District- SITAMARHI ====================================================== Md. Dilsad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.36288 of 2015) For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Parmanand Pd.(App) (In Cr.Misc. No.40690 of 2015) For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-08-2015 Both petitions arise out of Belsand P.S. Case No. 141 of 2014 registered under Sections-302, 120(B)/34 of the Indian Penal Code and accordingly, both the above-said petitions are being heard and disposed off by this common order.
Petitioner in Cr. Misc. No. 36288 of 2015 is named in the first information report and so far as petitioner in Petitioner in
Patna High Court Cr.Misc. No.36288 of 2015 (2) dt.31-08-2015 2/2 Cr. Misc. No. 40690 of 2015 is concerned; he appears to have been named in the first information report as son of Md. Chand. There is omnibus allegation of firing against petitioners and other six accused persons.
The contention on behalf of the petitioners is that having similar allegation, one co-accused, namely Md. Akbar, Md. Saddam and Raju Jha have already been granted privilege of bail by different coordinate benches of this court. From perusal of the impugned order, it would appear that so many injuries were found on the person of the injured but no specific overt act has been attributed against these petitioners except omnibus allegation of firing and, therefore, with an intent to maintain the parity of justice, I think it proper to release petitioners on bail.
Accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Belsand P.S. Case No. 141 of 2014 to the satisfaction of Chief Judicial Magistrate, Sitamarhi. (Hemant Kumar Srivastava, J) A.K.V./- U T