Mahmood @ Pinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39284 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- TARABARI District- Araria ====================================================== MAHMOOD @ PINKU Son of Late Hasib Resident of Mohalla - Baturbari Ward No.- 17, P.S. - Tarabari, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Tarabari P.S. Case No. 83 of 2021 registered for the offence under Sections 341, 323, 307, 302, 504, 506 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 04.08.2021.

The allegation against the petitioner is to commit murder of father of the informant along with other co-accused persons, by causing knife injury.

Patna High Court CR. MISC. No.39284 of 2022(2) dt.30-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that specific allegation to give fatal assault by knife is available against named co-accused, namely, Eklakh, where, allegation against this petitioner is of general and omnibus in nature, as regard to assault. It has further been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 2799 of 2022 dated 12.05.2022. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as specific allegation of fatal assault is available against co-accused Eklakh, not against this petitioner rather same is very general and omnibus coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Tarabari P.S. Case No. 83 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.39284 of 2022(2) dt.30-09-2022 3/3 amount each to the satisfaction of learned Sessions Judge, Araria/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T