Patna High CourtCR. MISC./11373/2017bail granted

Nezamuddin @ Nazmuddin v. The State Of Bihar

2017-04-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11373 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -HUSAINGANJ District- SIWAN ====================================================== Nezamuddin @ Nazmuddin, S/o Abdul Jabbar, Resident of Village- Chhata Sah Tola, P.S.- Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code. The petitioner and co-accused Mazluddin are alleged to have caused death to the husband of the informant by giving dagger blow.

Submission of the petitioner is that, in fact, informant is not eye witness of the occurrence because the accused persons themselves carried the victim for treatment and after death brought the dead body to the house. Moreover, the postmortem report would reveal that only single injury was found at the chest of the deceased and no other eye witness has supported the

Patna High Court Cr.Misc. No.11373 of 2017 (4) dt.19-04-2017 allegation rather accusation is concocted one due to land dispute between two agnates.

Considering the aforesaid facts, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan/Successor Court, in connection with Hussainganj P.S. Case No.224 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

(Birendra Kumar, J) Arvind/- U T