Patna High CourtCR. MISC./48216/2014bail granted

Mosaiyat Shah v. The State Of Bihar

2015-03-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48216 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -MAJHAGARH District- GOPALGANJ ======================================================

1. Mosaiyat Shah, Son of Shakur Shah resident of village- Dewapur Purdil Tola, P.S.- Manjhagarh, Distt.- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-03-2015 Heard Counsel for the petitioner and Mr. Dayal learned APP for the State.

Petitioner prays for grant of bail in Manjhagarh P.S. Case No. 62 of 2014 registered under Sections 302 and 147 of the Indian Penal Code. Even going by the prosecution case, the petitioner has been projected as the member of the mob who reached the place of occurrence and one of them namely Tabrej assaulted the husband of the informant by lathi on head as a result whereof he dropped dead.

Contention of the petitioner is that the allegation of assault which caused death has not been attributed to the petitioner. He is aged about 60 years and is in custody since 10.08.2014. There is no criminal antecedent against the petitioner.

Patna High Court Cr.Misc. No.48216 of 2014 (2) dt.03-03-2015 Considering the age as well as period of incarceration in the background of allegation placed in the First Information Report, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M, Gopalganj in connection with Manjhagarh P.S. Case No. 62 of 2014 subject to the following two conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. (Kishore Kumar Mandal, J) Pankaj/- U T