Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31639 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- CHAKAND District- Gaya ====================================================== MD. SALAM Son of Late Fuzlum @ Late Fajle Haque Resident of Village - Dabbo, P.S.- Chakand, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramashish For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Chakand P.S. Case No. 91/2018, instituted for offence under Section(s) 302, 120(b) and 34 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence petitioner along with six other named accused persons assaulted the father of informant with Lathi causing fracture injury on his head, who subsequently died on the way to hospital.

Post-mortem report is available in case diary, wherein doctor has found one abrasion with swelling of size 3 1⁄2" x2 1⁄2" on upper portion of right parietal region of head. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.31639 of 2019(3) dt.15-07-2019 2/2 there is no allegation against this petitioner of causing aforesaid injury.

The other co-accused has already been granted bail by a Co-Ordinate Bench of this Court vide order dated 14.05.2019 passed in Cr. Misc. No. 31943/2019.

Petitioner is in custody since 29.01.2019.

Considering the aforesaid facts and circumstances, 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 the learned Additional Chief Judicial Magistrate VIth, Gaya, in connection with Chakand P.S. Case No. 91/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T