Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12872 of 2020 Arising Out of PS. Case No.-223 Year-2017 Thana- KORHA District- Katihar ====================================================== MD. GULAB S/o Late Shekh Badruddin R/o- Madhura, P.S.- Korha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-07-2020 Heard Mr. Sanjeev Kumar Singh, learned counsel appearing for the petitioner, as well as Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State, through video conferencing.

Petitioner is in jail custody since 1.1.2020 in connection with Korha P.S. Case No. 223 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioner happens to be the son of the deceased and according to the fard-e-beyan, petitioner and four other FIR named accused assaulted the deceased by means of lethal weapons. So far as petitioner is concerned, in her further statement, the informant claimed that petitioner gave Garasa blow causing head injury to the deceased. Learned counsel

Patna High Court CR. MISC. No.12872 of 2020(3) dt.08-07-2020 2/2 appearing for petitioner, further, submits that except the petitioner, almost all the FIR named accused have already been granted privilege of bail by different benches of this Court, which has, specifically, been pleaded at paragraph 14 of the bail petition. He further submits that the case of this petitioner stands on similar footing to those co-accused, who have been granted privilege of bail.

No doubt, the postmortem report of deceased reveals that several injuries were found on his person but considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that having more or less similar allegation, the other accused have already been granted privilege of bail, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Katihar/ concerned court, in connection with Korha P.S. Case No. 223/2017.

(Hemant Kumar Srivastava, J) Spd/- U T