Md. Nayeem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11326 of 2017 Arising Out of PS.Case No. -457 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Nayeem, S/o - Late Nasir, Resident of Village - Purwari Jhirwa, P.S. Simraha, District - Araria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is languishing in custody for the offences punishable under Sections 147, 148, 149, 341, 323, 325 and 302 of the Indian Penal Code.
About 12 persons including the petitioner allegedly assaulted to the husband of the informant with lathi, farsa etc. as a result whereof the husband of the informant died during the course of treatment.
Submission of the petitioner is that only three injuries have been found on the person of the deceased out of them single injury is found on the head caused by hard and blunt substance and other two injuries are in the arm and shoulder.
Patna High Court Cr.Misc. No.11326 of 2017 (3) dt.19-04-2017 Therefore, only head injury is cause of death and it is difficult to attribute as to who out of 12 had caused that injury. Considering the aforesaid facts, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Araria/Successor Court, in connection with Forbesganj (Simraha) P.S. Case No.457 of 2016 (S.T.No.36/2017), with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.
Arvind/- (Birendra Kumar, J) U T