Md. Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59854 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -BISFI District- MADHUBANI ======================================================

1. Md. Bhola, Son of Ilias, Resident of Village- Aunai Babhanga, P.S.- Bisfi, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Soban Asghar, Adv. For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bisfi P.S. Case No. 22 of 2016 registered under Section 341, 323, 379, 436/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other accused persons are said to have assaulted the informant and set his hut ablaze.

It is submitted by learned counsel for the petitioner that the petitioner happens to be own brother of the informant. He has been falsely implicated in this case due to animosity. The hut in question is not the dwelling house of the informant. The allegation levelled against the petitioner is not specific rather

Patna High Court Cr.Misc. No.59854 of 2017 (04) dt.02-02-2018 - 2 - general and omnibus in nature. The petitioner has been languishing in custody since 01.05.2017.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Benipatti, District Madhubani in connection with Bisfi P.S. Case No.22 of 2016 (G.R. No.97/16). (Prakash Chandra Jaiswal, J) Trivedi/- U T