Md. Govinda And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19592 of 2016 Arising Out of PS.Case No. -132 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Md. Govinda,

2. Md. Sonu, Both S/o Md. Afgan

3. Md. Khursid S/o Md. Halim, All Resident of Village- Senduri, P.S. Hajipur Sadar, District-Vaishali.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Hajipur Sadar P.S. Case No. 132 of 2015, registered under Sections 147, 148, 149, 452, 504, 506, 364, 427, 380, 307, 302, 324 and 326 of the Indian Penal Code.

The accusation is that 27 persons named in the F.I.R. including the petitioner and 46 unknown miscreants committed murder of son of the informant in unlawful assembly. Learned counsel for the petitioner submits that only one injury found on the neck of the deceased, whereas there is allegation against 27 persons named in the F.I.R. and 46

Patna High Court Cr.Misc. No.19592 of 2016 (2) dt.09-05-2016 2/2 unknown persons, who caused injuries to the deceased. Further submission is that similarly situated co-accused Md. Irfan has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 09.10.2015 passed in Criminal Misc. No. 38876 of 2015. The petitioners are in custody since 13.01.2016.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hajipur in connection with Hajipur Sadar P.S. Case No. 132 of 2015. Out of two sureties, one surety must be the parents/close relative of the petitioners, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T