Patna High CourtCR. MISC./50385/2017bail granted

Md Pappu @ Dabloo @ Md. Dablu @ Pappu v. The State Of Bihar

2018-02-28Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.50385 of 2017 (3) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50385 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -HABIBPUR District- BHAGALPUR ====================================================== Md Pappu @ Dabloo @ Md. Dablu @ Pappu, Son of Md. Mukho @ Monif, R/o Village- Mamelichak, P.S.- Habibpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with S. Tr. No. 330 of 2017 arising out of Habibpur P.S. Case No. 62 of 2016 registered under Sections 302 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected on merit vide order dated 29.06.2017 passed in Cr. Misc. No. 20920 of 2017 by this Court. It is further submitted that while the informant, brother of the deceased, has disclosed the name of the petitioner along with Firoj Koyalwala and his family members with allegation of causing assault to his brother-deceased, Md. Esrafil, but Md. Sintu

Patna High Court Cr.Misc. No.50385 of 2017 (3) dt.28-02-2018 and Md. Jibrail @ Babu, who were present with the deceased at the time of occurrence, have also not disclosed the name of this petitioner. Moreover, there was no any motive to the petitioner to participate in the alleged offence. Further submission is that petitioner has no criminal antecedent and is in custody since 08.11.2016.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the IV Additional Sessions Judge, Bhagalpur, in connection with S. Tr. No. 330 of 2017 arising out of Habibpur P.S. Case No. 62 of 2016.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T