Md. Khatmul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53170 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Md. Khatmul, Son of Late Chhedi, resident of Village- Bharatkhand Basa, Police Station Alamnagar, District- Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Singh For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Alamnagar P.S.Case No. 32 of 2017 registered for the offences punishable under Sections 341, 323, 325, 307 and 302/34 of the Indian Penal Code.

Allegation as per FIR against the petitioner is of catching hold of the deceased and allegation of assault is against two other accused persons and later on it is alleged that petitioner also assaulted by back portion of garasa.

Submission of learned counsel for the petitioner is that allegation against the petitioner is after thought and other accused persons have been granted bail by co-ordinate Bench of this Court in Cr.Misc.No. 27083 of 2017, vide order dated 25.7.2017 and in Cr.Misc.No.41384 of 2017, vide order dated 14.11.2017 and petitioner is in custody for eight months.

Heard learned APP also.

Patna High Court Cr.Misc. No.53170 of 2017 (3) dt.17-11-2017 2/2 Having heard both sides and from perusal of orders granting bail it appears that on the basis of specific allegation against this petitioner they have been granted bail and considering the fact that there is no specific allegation against the petitioner and later on it is alleged that petitioner also assaulted, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Uda Kishunganj, Madhepura, in connection with Alamnagar P.S.Case No. 32 of 2017, subject to the following conditions : (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date in court, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U