Md. Umar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17835 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================
1. Harendra Uron @ Harendra Kumar Uron, Son of Late Gunja Urawn, Resident of Village- Sardahi, P.S. Muffasil, District Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22256 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================
1. Md. Umar Ali son of Late Abdul Samid, resident of village- Hajipur, P.S.- Katihar (M), Distt.- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.17835 of 2015) For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) (In Cr.Misc. No.22256 of 2015) For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate, Mr. Dhananjaya Nath Tiwari & Mr. Vinay Ranjan Prasad For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, .App For the Informant : Mr. Md. Musawir. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Since both the bail petitions arise out of Mufassil P.S. Case no. 07/2015, on account thereof have been heard together and are being disposed of by a common order.
Patna High Court Cr.Misc. No.17835 of 2015 (3) dt.30-06-2015 The petitioners seek regular bail in a case registered for the offence punishable under sections 302, 307, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act and Section 3(2)(v) of the S.C./S.T. (Prevention of Atrocities) Act. The informant had lodged that in a way to his house, Suresh Yadav, Md. Umar Ali and Harendra Uraon alias Harendra Kumar Uron intercepted his brother as well as his wife and made indiscriminate firing on account of which his brother Jamil Lal Uron sustained severe injuries while his wife Neelam Devi succumbed to the injuries.
Gone through the case diary. From perusal of paragraph 71, it is apparent that injured Jamil Lal had categorically identified Suresh Yadav to be his assailant. Simultaneously, he also stated that his wife cried "Mukhiaji ko Mat Maro". However, there was firing and his wife succumbed. As such prayer for bail of Harendra Uron @ Harendra Kumar Uron, petitioner in Criminal Misc. No. 17835 of 2015 is hereby rejected in connection with Katihar Mufassil P.S. Case no. 07/2015 pending in the court of the learned Chief Judicial Magistrate, Katihar.
So far Md. Umar Ali, petitioner in Cr. Misc. No. 22256 of 2015 is concerned, he is directed to be enlarged on bail
Patna High Court Cr.Misc. No.17835 of 2015 (3) dt.30-06-2015 on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar (M) P.S. Case no. 07/2015.
(Aditya Kumar Trivedi, J) Amin/- U