Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28951 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- SARAI District- Vaishali ====================================================== Md. Irfan Son of Mohammad Safaid Resident of Village-Enayatpur Prabodhi, Police Station-Sarai, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case in brief is that while the informant along with her daughter was returning after treatment, the accused persons surrounded them in the north of Sonbarsha road. It is also alleged that the petitioner handed over a knife from his bag and the co-accused stabbed the knife several times to informant's daughter, as a result of which, daughter of the informant succumbed to the injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.28951 of 2019(3) dt.17-08-2019 2/2 petitioner is in custody since 24-11-2018. Charge sheet has already been submitted. The main allegation of assault is alleged against co-accused Salauddin. No injury is inflicted by the petitioner upon the deceased.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Vaishali at Hajipur in connection with Sarai P.S. Case No. 249 of 2018. (Sudhir Singh, J) A.K.V.//- U T