Shekh Munshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31051 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== SHEKH MUNSHI S/O LATE EKRAMUL HAQUE @ SHEKH EKRAMUL HAQUE R/O Village- Akbarpur, P.S- Rohtas, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

The allegation against the petitioner along with another is of assaulting the father of the informant, namely, Shekh Yunus, who succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. As per Postmortem report, the doctor opined that the cause of death was due to cardiogenic shock and haemorrhage shock. The cause of death is not due to assault and the Postmortem report is

Patna High Court CR. MISC. No.31051 of 2023(2) dt.24-06-2023 2/2 not in consonance with the prosecution case. He further submitted that the other co-accused namely, Shekh Nesar @ Shekh Nasir, who is the son of the petitioner has already been granted bail by this Bench vide order dated 12.01.2023 passed in Cr. Misc. No. 48352 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case and period of custody as well as petitioner being an old age person, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-9, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 97 of 2022.

(Sunil Kumar Panwar, J) arish/- U T