Jogendra Mochi @ Jogendra Mohi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1746 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Jogendra Mochi @ Jogendra Mohi,S/o late Bangali Monchi, Resident of village- Nijampur, P.S- Athmalgola, Dist- Patna 2.

Ravi Kant Mochi, S/o Jogendra Mochi, Resident of village- Nijampur, P.SAthmalgola, Dist- Patna 3.

Nagina Mochi, S/o Jogendra Mochi, Resident of village- Nijampur, P.SAthmalgola, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Arun, Advocate For the Opposite Party/s :

Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Sessions Trial No. 576 of 2018 arising out of Athmal Gola P.S. Case No. 85 of 2018, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 379, 504, 307,302 of the Indian Penal Code. In the written report it is alleged that on the date of occurrence these petitioners and other accused persons as named in the written report and 15 unknown entered into the house of the informant and assaulted the informant and when the sons of the informant came to save then they were also assaulted, on

Patna High Court CR. MISC. No.1746 of 2019(3) dt.28-03-2019 2/2 account of which son of the informant died. The charge-sheet was submitted after adding Section 302 of the IPC. The learned Sessions Judge in the impugned order has mentioned that only one injury was found on the person of the deceased. From perusal of the case diary, it appears that injury sustained by the injured are simple in nature. It has been submitted that one of the co-accused has been granted bail by this Court vide order dated 03.12.2018 passed in Cr. Misc. No. 70008 of 2018.

In the written report there is general and omnibus allegation that these petitioners.

Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail 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 the learned Addl. Sessions Judge III, Barh, Patna, in connection with Sessions Trial No. 576 of 2018 arising out of Athmal Gola P.S. Case No. 85 of 2018. Both the bailors will be close relative of petitioners.

(Birendra Kumar, J) khushbu/- U T