Ishaq Miyan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72898 of 2018 Arising Out of PS. Case No.-204 Year-2018 Thana- UCHKAGAON District- Gopalganj ======================================================
1. Ishaq Miyan, son of Tajuddin Miyan
2. Kadir Miyan, son of late Daroga Miya.
All resident of village Birvat Bazar, P.S. Uchka Gaon, Distt. Gopalganj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shally Kumari, Advocate.
For the Opposite Party/s :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in Uchka Gaon P.S. Case No. 204 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. Counsel for the petitioners submits that there is specific allegation against Yasin Miyan and Zakir Miyan of assaulting father of the informant on his head with sword and Farsa, on account of which, he became unconscious and subsequently died in the way to Hospital.
Post mortem report has been enclosed as Annexure-2 wherein the Doctor has found injury on person of the deceased and cause of death has been opined to be head injury caused by
Patna High Court Cr.Misc. No.72898 of 2018(2) dt.06-12-2018 2/2 hard and blunt substance.
Counsel for the petitioners submits that petitioners are in custody since 1.9.2018 having clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj, in connection with Uchka Gaon P.S. Case No. 204 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T