Patna High CourtCR. MISC./25452/2017bail granted

Khedu Mian v. The State Of Bihar

2017-06-08Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25452 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== KHEDU MIAN S/o Late Sharif Mian, Both Resident of Village-Mathia, Rasulpur, P.S. Yogapatti (Shanichari), District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-06-2017 Heard Shri Sanjeev Kumar, the learned advocate for the petitioner and learned APP for the State. The petitioner is seeking regular bail in connection with Jogapatti (Sanichari) P.S. Case No. 314 of 2016 for the offences alleged under Section 147, 148, 149, 341, 323, 324, 504 and 302 IPC.

Learned counsel for the petitioner submits that as per the First Information Report the only allegation against the petitioner is that he had ordered Chhotak Mian to attack the deceased. There are general allegations of assault against Chhotak Miyan, Khedu Mian and Kariman Miyan by katta and lathi. Learned counsel for the petitioner placed before me a copy of the order dated 20.4.2017 passed in Criminal Misc. No. 15448 of

Patna High Court Cr.Misc. No.25452 of 2017 (2) dt.08-06-2017 2017 to show that the two petitioners who are also named in the FIR, have been granted anticipatory bail in view of the allegations that the injury with bamboo stick on the head of deceased Bhutkin Mian was caused by co-accused Chhotak Mian. The petitioner is in custody since 11.11.2016.

The learned APP opposed the prayer for bail.

However, considering the nature as also the facts taken note of in the order of the coordinate Bench of this Court, let the petitioner, namely, Khedu Mian be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Jogapatti (Sanichari) P.S. Case No. 314 of 2016. (Rajeev Ranjan Prasad, J) S.Sb/- U T