Md. Manir @ Md. Maniruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15471 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- AMDABAD District- Katihar ====================================================== MD. MANIR @ MD. MANIRUDDIN, S/o Md. Rashid, Resident of Village - Baluwa, P.S. - Amdabad, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 504/34 and 302 of the Indian Penal Code.

Allegation against the petitioner is that he caused injury with sword on the head of the deceased. Submission is that the postmortem report would reveal that the Doctor has not found any injury on the head of the deceased nor any injury caused by sword. Hence, prosecution allegation is not corroborated by medical evidence. Learned counsel for the informant opposed the prayer for bail on the ground that co-accused Md. Hakim has been refused bail, having identical allegation, and trial is already proceeding and prosecution evidence is likely to be closed in

Patna High Court CR. MISC. No.15471 of 2019(4) dt.21-06-2019 2/2 near future.

The allegation against the petitioner is distinguishable to that of Md. Hakim and petitioner is in custody since 14.03.2018, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 247 of 2018 arising out of Amdabad Police Station Case No. 34 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T