Md. Idris @ Idris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36388 of 2018 Arising Out of PS.Case No. -125 Year- 2016 Thana -KASBA District- PURNIA ====================================================== Md. Idris @ Idris Son of Late Noor Mohammad, resident of VillageBadhai Tola, Rahika Tola, P.S. Kasba, District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Kumar, Adv. For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Kasba P.S. Case No. 125 of 2016 registered for the offence punishable under section 302/34 of the Indian Penal Code. It appears that the allegation of assault is omnibus against altogether seven accused persons. In course of investigation, some of the witnesses have stated that one Firoz had assaulted the deceased by Dabiya on his head. Out of seven accused, two co-accuseds namely Aminuddin and Mehruddin have already been allowed bail by different coordinate Benches of this Court in Cr. Misc. Nos. 13018 of 2017 and 26565 of 2018. The allegation of assault against this petitioner appears omnibus. The petitioner is in custody since 5.5.2018 having clean

Patna High Court Cr.Misc. No.36388 of 2018 (3) dt.19-07-2018 2/2 antecedent and so he deserves bail.

The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 125 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T