Salim Miya @ Salim Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48270 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Salim Miya @ Salim Mansoori, Son of Late Juman Miya, Resident of Village- Sabji Bajar, P.S.- Raxaul, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 26.05.2017 in connection with Raxaul P.S. Case No. 169 of 2016 for offences punishable under Sections 302, 120B, 34, 324, 307 of the Indian Penal Code, Section 27 of the Arms Act and 3⁄4 of the Explosive Substance Act.

The prosecution case, as lodged by the informant, is that while he and his family members were at home, the petitioner along with 13 named persons in the F.I.R. and 4-5 unknown persons variously armed with arms came and fired on the father of the informant who during course of treatment succumbed. Specific

Patna High Court Cr.Misc. No.48270 of 2017 (4) dt.19-12-2017 2/3 allegation upon the petitioner and two others is of throwing bomb which injured the informant's family members Puja Kumari and Neha Devi.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and general and omnibus allegation has been levelled against the petitioner. He submits that the allegation of throwing bomb by the petitioner and other two other persons did not cause injury to any one and that there is no allegation of firearm injury by the petitioner. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, 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 Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran in connection with Raxaul P.S. Case No. 169 of 2016, subject to the conditions that:

Patna High Court Cr.Misc. No.48270 of 2017 (4) dt.19-12-2017 3/3 (1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T