Sheikh Jayed @ Golu @ Md.Jayed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19481 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== SHEIKH JAYED @ GOLU @ MD.JAYED ALAM Son of Sheikh Aslam Resident of Village - Deuliya, Police Station - Shikarpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Shikarpur P.S. Case No. 356 of 2021 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 30.07.2021. The allegation against the petitioner is to commit murder of the son of the informant by knife along with other co-accused persons. Learned counsel appearing on behalf of the petitioner sub-
Patna High Court CR. MISC. No.19481 of 2022(3) dt.26-08-2022 2/2 mitted that allegation against this petitioner is very much general and omnibus in nature. It is also submitted that it appears highly improbable to have only one knife injury, as per post-mortem report, when it is alleged specifically that deceased was assaulted by 06 persons. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP for the State, opposes the prayer of bail of the petitioner.
Considering the facts and circumstances as mentioned above, as allegation is general and omnibus in nature against this petitioner as regard to fatal assault coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Shikarpur P.S. Case No. 356 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T