Patna High CourtCR. MISC./32490/2017bail granted

Md. Mamul And ANR v. The State Of Bihar

2017-07-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32490 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Md. Mamul, Son of Late Md. Sekhbat.

2. Md. Salauddin, Son of Md. Mamul. Both resident of Village- Puraini, Ward No. 10, Police Station- Sri Nagar, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State. The petitioners seeks bail in a case registered under Sections 147, 148, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.

As per prosecution case, the petitioners along with other accused persons assaulted the husband of the informant with lathi, danda etc. Her husband succumbed to injury during the course of treatment.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no specific allegation against the petitioners rather the allegations are general and omnibus in nature. There is only one

Patna High Court Cr.Misc. No.32490 of 2017 (2) dt.13-07-2017 2/2 injury on the head of the deceased, so it is difficult to ascertain the main assailant. The petitioner is in custody since 31.01.2017. Co-accused Md. Mustkin @ Bhutto has been enlarged on bail vide order dated 18.04.2017 passed in Cr. Misc. No. 9082 of 2017, coaccused Md.Sakeel has been enlarged on bail vide order dated 23.05.2017 passed in Cr. Misc. No. 23283 of 2017 and co-accused Md. Tabrej @ Md. Tarrez has also been enlarged on bail vide order dated 15.06.2016 passed in Cr. Misc. No. 27206 of 2017. Having considered the facts and circumstances of the case, let, above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Madheprua in connection with Srinagar P.S.Case No. 39 of 2016.

(Prakash Chandra Jaiswal, J) singh/- U T