Md Saddam @ Bhindi @ Taushif Hasmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32027 of 2021 Arising Out of PS. Case No.-350 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== MD SADDAM @ BHINDI @ TAUSHIF HASMI Son of Md. Minhaz @ Minhaj Hashmi Resident of Mohalla- Bolly Par, Chhoti Khankah, Police Station- Phulwarisharif, Dist- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated that the three accused persons including the petitioner herein started to abuse the brother of the informant. It is further stated that co-accused Md. Monu fired from pistol hitting the brother of the informant. All of them escaped. The brother of the informant died in course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even from the FIR it would transpire that the allegation of overt act is solely against Munna. The petitioner is in custody since

Patna High Court CR. MISC. No.32027 of 2021(2) dt.23-12-2021 2/2 20.8.2020. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegation in the FIR being solely against Md. Monu and the petitioner having remained in custody for 1 year 4 months, the petitioner is directed to be enlarged on bail in connection with Phulwarisharif P.S. Case no. 350 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Patna. (Partha Sarthy, J) Spd/- U T