Asgar Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43454 of 2014 Arising Out of PS.Case No. -117 Year- 2014 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. ASGAR MIAN son of Late Gafur Ansari @ Gafur Mian resident of village - Mansha Tola, P.S. Bettiah Muffasil, District - West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.44294 of 2014 Arising Out of PS.Case No. -117 Year- 2014 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sitoo @ Sonu Son of Sheikh Munna Resident of Village - Mansha Tola, P.s. - Bettiah Muffasil, District-West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-02-2015 Both the above stated petitions arise out of Bettiah Muffasil P.S.Case No. 117 of 2014 registered under section302 and other minor sections of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.
Petitioners are named in the first information report but specific allegation of giving Dabiya blow on the head of the deceased is against Sheikh Faizul @ Faijan and so far as petitioner
Patna High Court Cr.Misc. No.43454 of 2014 (3) dt.18-02-2015 2/2 in Cr. Misc. No.44294 of 2014 is concerned, it is stated that he also assaulted the deceased with iron rod. So far as allegation against the petitioner in Cr. Misc. No.44294 of 2014 is concerned, there is omnibus allegation of assault against him. The photo copy of the post mortem report of deceased reveals that only one injury was found on his scalp and the aforesaid injury was caused by sharp and heavy object which appears to be Dabiya.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that one co-accused has already been granted privilege of anticipatory bail by a Bench of this Court, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran., Bettiah in connection with Bettiah Muffasil P.S.Case No. 117 of 2014.
(Hemant Kumar Srivastava, J) Namita/- U