Md. Asgar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52742 of 2018 Arising Out of PS. Case No.-687 Year-2017 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Asgar Alam S/o Md. Sohail @ Gorakh , R/o Mohalla- Gullistan, P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 687 of 2017 registered for the offence punishable under Sections 364, 302, 201/34 of the Indian Penal Code.

Informant in his written complaint has stated that on 27.10.2017 he had lodged a complaint regarding missing of his son but subsequently in inquiry he was informed that friend of his son on 19.10.2017 on the Diwali night had assembled to play cards. He has named 10-11 accused persons against whom there is allegation of assaulting and killing of his son. Petitioner is also one of them. The allegations are general and omnibus in nature. Similarly situated co-accused persons have been granted

Patna High Court Cr.Misc. No.52742 of 2018(2) dt.30-08-2018 2/2 bail by a co-ordinate Bench of this Court as contained in Annexure- 2 series and one similarly situated co-accused namely Md. Raja has also been granted bail by this Hon'ble Court vide order dated 16.08.2018 passed in Cr. Misc. No. 40695 of 2018. Petitioner is in custody since 01.11.2017. Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XV, Patna, Sadar, in connection with Phulwarisharif P.S. Case No. 687 of 2017.

(S. Kumar, J) veena/- U T