Ali Raja @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21392 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Ali Raja @ Raja, aged about 38 years (Male), son of Md. Ishak, resident of Ward No.- 12, Kathalbari, P.S.- L.N.M.U, Darbhanga, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Thakur, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP For the Informant :
Mr. Saurav Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
2. The petitioner seeks bail in connection with LNMU PS Case No.477 of 2022 dated 23.12.2022, instituted for the offence punishable under Section 302/34 of the Indian Penal Code.
3. The prosecution case, in short, is that mobile of the informant's brother was stolen. When the informant made call on the stolen mobile of his brother, the call was picked up by Leelu @ Md. Nawab, who admitted that the mobile is with him. The informant and his wife told him that if you want to return then please return it, otherwise, do not come to his house upon which he started abusing. On 23.12.2022, all the accused
Patna High Court CR. MISC. No.21392 of 2023(3) dt.23-05-2023 2/2 persons including the petitioner came to the house of the informant and started abusing his brother. Co-accused Guddu caught his brother while co-accused Leelu @ Md. Nawab assaulted him with brick on his temple area due to which he fell down on the earth and later on died.
4. Learned counsel for the petitioner submits that there is nothing specific in the FIR against him and he has been made accused only because of the fact that he is the father of coaccused Leelu @ Md. Nawab and Guddu. The specific and main allegation is against co-accused Leelu @ Md. Nawab and Guddu of assaulting the deceased. Learned counsel further submitted that the petitioner is in custody since 11.01.2023 having clean antecedents and charge-sheet has been submitted.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Darbhanga, in LNMU PS Case No.477 of 2022.
(Khatim Reza, J) J. Alam/- U T