Karu Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11097 of 2017 Arising Out of PS.Case No. -83 Year- 1998 Thana -DHURAIYA District- BANKA ======================================================

1. Karu Mansoori, son of Md. Sofid Mansoori, resident of villageNayatola Anisabad, Birbalpur, Police Station- Dhoraiya, DistrictBanka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Sessions Trial No.296 of 2016 arising out of Dhoraiya P.S. Case No.83 of 1998 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that the petitioner is not named in the First Information Report. He is in custody since 10.09.2016. From the written report, it appears that while husband of the informant was sleeping with his son, he was shot by unknown persons. Son of the informant told that two unknown persons fled away after shooting his father.

From the impugned order it appears that charge has been framed in this case but no witness has been examined. From

Patna High Court Cr.Misc. No.11097 of 2017 (3) dt.25-05-2017 2/2 the impugned order, it further appears that there is no allegation of any specific overt act against the petitioner. It has been submitted that two other accused persons, namely, Halim Mansoori and Sultan Mansoori faced trial in the aforesaid case vide Sessions Trial No.508 of 2000 and they have been acquitted by judgment dated 03.12.2013.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, IV, Banka, in connection with Sessions Trial No.296 of 2016 arising out of Dhoraiya P.S. Case No.83 of 1998, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) JA/- U T