Md. Zahid And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.911 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -MANSURCHAK District- BEGUSARAI ======================================================
1. Md. Zahid,
2. Md. Khalid,
3. Md. Sonu, All Sl. No. 1 to 3 sons of Md. Nasimuddin, All are resident of village - Agapur Kothi, P.S. Mansurchak, District - Begusarai .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Amit Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard learned counsel for the appellants as well as learned Special P.P.
Allegation as per F.I.R. against the appellants and other accused persons is that they have assaulted and taken away the Mobile from the shop of the informant and then the informant went to make complaint about the same. It is alleged that they abused the informant by taking her caste name. Further the accused persons including the petitioner caught hold the deceased and taken inside the Poultry Farm and assaulted. Further, it is submitted that during the course of investigation, statement of the nephew of the deceased has been recorded in para 10 and 11 of the case diary and he has categorically stated that accused Md.
Patna High Court CR. APP (SJ) No.911 of 2017 (3) dt.16-05-2017 2/2 Danish assaulted the deceased and there is no allegation of assault against the petitioners by 'Lathi' and the petitioners are in custody for about six months.
Heard learned Special P.P., who has opposed the prayer for bail.
Having heard both sides and in view of the facts and circumstances as stated above, let the appellants, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge S.C.S.T. Act, Begusarai in connection with Mansurchak P.S.Case No.67 of 2016, setting aside the order dated 21.12.2016 passed by the Special Judge, S.C./S.T., Begusarai in connection Mansurchak P.S.Case No.67 of 2016.
Accordingly, appellants' application is allowed. (Vinod Kumar Sinha, J) chn/- U