Md. Kasim @ Lal Babu @ Md. Qosim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20936 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Md. Kasim @ Lal Babu @ Md. Qosim, Son of Late Md. Hanif, Resident of Kathalwari Bhandar Chouk, Ward No.- 12, P.S.- L.N.M.U., District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate For the State :

Mr. Dinesh Singh, APP For the Informant Mr. Ashok Kr. Das, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

2. In the present case, the petitioner seeks bail in connection with L.N.M.U. P.S. Case No. 477 of 2022 registered for the alleged offences under Section 302/34 of the Indian Penal Code.

3. As per prosecution case, in the background of theft of mobile phone of the brother of the informant, the petitioner and other co-accused persons came to the house of the informant and started hurling abuses. They were joined by two other co-accused persons and they caught hold of the brother of the informant and co-accused Leelu gave a brick blow on the temple of the brother of the informant who fell unconscious.

Patna High Court CR. MISC. No.20936 of 2023(2) dt.17-05-2023 2/3 When he was taken to the hospital for treatment, the doctor declared him dead.

4. Learned counsel for the petitioner submits that the petitioner is 75 years old man and is innocent and has been falsely implicated in this case. The petitioner and the other coaccused persons are agnates of the informant and the petitioner went to pacify the matter between the informant and the coaccused, he being a senior citizen. It is also apparent from the FIR that petitioner has no role in the murder of the brother of the informant and specific allegation of murder is against Md. Guddu and Leelu. Petitioner is in custody since 24.12.2022 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the prayer for bail. Learned counsel for the informant submits that a number of injuries have been found on the body of the deceased which was caused by hard and blunt object leading to the death of the brother of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation of any overt act against

Patna High Court CR. MISC. No.20936 of 2023(2) dt.17-05-2023 3/3 the petitioner and also considering the old age of the petitioner as well as his clean antecedent coupled with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Darbhanga/concerned court in connection with L.N.M.U. P.S. Case No. 477 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T