Patna High CourtCR. MISC./22640/2017bail granted

Md. Wazir @ Ojeer v. The State Of Bihar

2017-06-12Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22640 of 2017 Arising Out of PS.Case No. -405 Year- 2012 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Wazir @ Ojeer son of Late Jamiruddin resident of village - Naya Tola Begampur, P.S. - K. Nagar, District - Purnea. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jawed Ahmad, Advocate For the Opposite Party/s : Mr. Ajay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner, the State and the informant.

Petitioner, already in custody, seeks bail in K. Nagar P.S. Case No.405 of 2012 registered under Sections 302/34/120-B of the Indian Penal Code.

Allegation in brief is that the informant and his father were intercepted on way by accused persons.

It is alleged that they assaulted with fists and slaps and on the exhortation given by Md. Ramzan, another accused Md. Tahir shot at the informant's father killing at the spot. Learned counsel appearing on behalf of the petitioner submits that there is no any specific allegation against the petitioner of killing informant's father. Specific allegation is

Patna High Court Cr.Misc. No.22640 of 2017 (3) dt.12-06-2017 2/2 against one Md. Tahir rather the petitioner has been falsely implicated in this case. Police on conclusion of the investigation not finding the case true submitted final form against him but summon has been issued against the petitioner to face the trial under Section 319 of the Cr.P.C. by the trial court, moreover, he has been in custody since 10.4.2017 and has no criminal antecedent till the filing of the case; later on two cases were lodged against him.

Having considered the said facts and circumstances, the petitioner, namely, Md. Wazir @ Ojeer is directed to 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 5th Additional District and Sessions Judge, Purnea in connection with S.T. No.170 of 2013 (Arising out of K. Nagar P.S. Case No.405 of 2012).

(Arun Kumar, J) N.H./- U T