Sk. Naimuddin @ Sheikh Mainuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27369 of 2018 Arising Out of PS. Case No.-9 Year-2017 Thana- THAWE District- Gopalganj ====================================================== SK. NAIMUDDIN @ SHEIKH MAINUDDIN S/o Late Wajir Hassan, R/o Vill.- Jagmalwa (Bara), P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Thawe P.S. Case No. 09 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 447, 504, 379 and 302 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the prosecution side, especially, the mother of the informant resulting in her death.

The learned counsel for the petitioner submits that a bare perusal of the F.I.R. would show that the accused person, namely, Aftab Alam is the main assailant, who had inflicted a blow by iron-rod on the head of the mother of the informant resulting in her death. It is submitted that the petitioner is

Patna High Court Cr.Misc. No.27369 of 2018(3) dt.09-07-2018 2/2 languishing in custody since 11.01.2018. Lastly, it is submitted that the co-accused, similarly situated, namely, Ashif Jamil has already been granted anticipatory bail by this Court by an order dated 06.11.2017 passed in Criminal Miscellaneous No. 45742 of 2017.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 09 of 2017. (Mohit Kumar Shah, J) ajay gupta/- U T