Dhadhu Miya @ Wazir Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21330 of 2019 Arising Out of PS. Case No.-368 Year-2015 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== DHADHU MIYA @ WAZIR MIYA Son of Late Mahmud Miya Resident of Village- Koynee, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Gopalganj P.S. Case No. 368 of 2015, instituted for the offence under Section(s) 307, 120B, 302/34 of Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is not named in the written report.

It is alleged in the written report that two unknown persons and one person fired upon the informant on account of which, he fell down on earth. Thereafter, both unknown persons fled away.

Counsel for the petitioner submits that only material against the petitioner is CCTV footage which was shown to the Police after three months of the occurrence in which witness identified the petitioner and Jai Prakash Singh who have shaken their

Patna High Court CR. MISC. No.21330 of 2019(2) dt.04-07-2019 2/2 hands with Firoz and Chhote Mukhiya. Thereafter, the pistol in the hand of Jai Prakash Singh and key in the hand of Petitioner were shown. Petitioner has been named by co-accused Shakti Singh. Counsel for the petitioner further submits that co-accused Shakti Singh and two other accused persons have already been granted bail by coordinate Benches of this Court vide orders dated 16.2.2016 and 5.3.2018 passed in Cr. Misc. 53731 of 2015 with Cr. Misc. 50026 of 2015 and 52447 of 2017 respectively.

Petitioner is in custody since 29.8.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 368 of 2015, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T