Md. Rashid @ Rashid And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45815 of 2016 Arising Out of PS.Case No. -612 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Md. Rashid @ Rashid son of Md. Akil
2. Vikki @ Md. Wasim @ Wasim son of Md. Aarif
3. Rohit @ Md. Quadir @ Kadir all are resident of Mohalla- Pankaj Market, P.S.-Town, District Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-08-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. Petitioners seek bail in connection with Muzaffarpur Town P.S. Case No. 612 of 2015 registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that petitioners along with 21 named and 20-25 unknown accused persons armed with lathi, danda and other weapons, having doubt that one Sarfaraj @ Prince has been killed by the son of the informant, came to her house and had brutally beaten the informant, her husband and daughter causing serious injuries to
Patna High Court Cr.Misc. No.45815 of 2016 (3) dt.01-08-2017 2/3 them and also damaged the house hold articles and set the house on fire.
It is submitted by the learned counsel for the petitioners that they are innocent, have been falsely implicated in the aforesaid case and that both the parties are on inimical terms. He submits that petitioner no.1 is in custody since 01.06.2016 and petitioner nos. 2 and 3 are in custody since 21.05.2016 and that charge-sheet has already been submitted and there is no allegation that petitioners have tampered with the prosecution witnesses. It is further submitted that one of the main accused, Md. Shamshad @ Auwa @ Shamshad has since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 8447 of 2017 on 10.03.2017 and also other accused have been granted the privilege of bail by coordinate Benches of this Court.
However, learned counsel for the informant and the learned A.P.P. for the State oppose the prayer for bail stating therein that the family members of the informant along with the informant were brutally assaulted causing grievous injuries. Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand
Patna High Court Cr.Misc. No.45815 of 2016 (3) dt.01-08-2017 3/3 only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 612 of 2015. (Nilu Agrawal, J.) Arjun/- U T