Sirazul Haque v. The State Of Bihar

Patna High Court Cr.Misc. No.9143 of 2018 (2) dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9143 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ====================================================== Sirazul Haque, Son of Wahab Ali, Resident of Village- Bomabasti, P.S.- Kishanganj, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sushmita Mishra For the Opposite Party/s : Mr. Sri Ram Naresh Ray For the Informant : Mr. Sahnawaj ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-02-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel for the informant.

Petitioner, already in custody, seeks bail in Kishanganj PS Case No. 8 of 2017 registered under Sections 341, 323, 302, 120B and 34 of the IPC.

The allegation in brief is that this petitioner and one Afazuddin caught hold the deceased and one Md. Hassan assaulted over head by a piece of wood as a result of which he succumbed to the injury during course of treatment.

Learned Counsel for the petitioner submits that there is land dispute between both sides, there is case and counter case, specific allegation of assault is against Md. Hassan and no allegation of assault against the petitioner and he has clean antecedent. Having considered the said facts and circumstances, the petitioner, namely, Sirazul Haque is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Kishanganj in connection with Kishanganj PS Case No. 8 of 2017. Snkumar/- (Arun Kumar, J.) U T