Patna High CourtCR. MISC./42361/2015bail granted

Samsul Mian v. The State Of Bihar

2015-10-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42361 of 2015 Arising out of PS.Case No. -72 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Samsul Mian, Son of Kailu Mian, resident of Village- Makdampur Hafiaganj, P.s. Mufassil (Katihar), District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 01.07.2015 in connection with Katihar (Muffasil) P.S. Case No. 72 of 2015 for the offences instituted under Sections 341, 323, 307, 379, 504/34 of the IPC and 3(1)(v) of the SC/ST (Prevention of Atrocities) Act.

It is alleged that the petitioner and others abused the informant by calling his caste name when he raised objection, all the accused persons assaulted him. Co-accused Md. Mokim Mian and this petitioner assaulted with dagger over the abdomen of the informant and snatched worth Rs. 14,000/- from him. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.42361 of 2015 (3) dt.15-10-2015 2/2 petitioner has got no criminal antecedent. The petitioner is in custody since 01.07.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. There is allegation of assault against two persons but only one injury is said to have been found upon the victim. It is further submitted that the petitioner may be released after completion of six months in custody from 01.07.2015. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner may be released on bail after completion of six months in custody from 01.07.2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Katihar, in connection with Katihar (Muffasil) P.S. Case No. 72/2015.

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