Patna High CourtCR. MISC./18433/2022bail granted

Md.Abrar Alam v. The State Of Bihar

2022-05-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18433 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.

MD.ABRAR ALAM SON OF SHEIKH NURAIN @ MD. NURAIN R/O VILLAGE- DEULIYA, P.S.- SHIKARPUR, DISTRICT- WEST CHAMPARAN 2.

MD. NURAIN SON OF ABDUL LATIF KHAN R/O VILLAGEDEULIYA, P.S.- SHIKARPUR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

Petitioners pray for bail in a case registered for the offence under Sections 302/120(B)/34 of the Indian Penal Code. As per the prosecution case, on the order of coaccused Aslam and petitioner no. 2, other F.I.R. named accused and petitioner no. 1 assaulted the son of informant by knife, as a result of which, he died.

It is submitted on behalf of petitioners that so far as petitioner no. 1 is concerned, there is general and omnibus allegation and petitioner no. 2 is only alleged to be order-giver. In the post-mortem report, the doctor has found only one injury of sharp-cut weapon on the person of deceased. Petitioner no. 1 is in custody since 22.07.2021 and petitioner no. 2 in custody since 21.07.2021. Investigation is complete.

Patna High Court CR. MISC. No.18433 of 2022(2) dt.26-05-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 356 of 2021.

(Prabhat Kumar Singh, J) anay/- U T