Patna High CourtCR. MISC./29428/2017bail granted

Sk. Allauddin @ Md. Allauddin v. The State Of Bihar

2017-07-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29428 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ====================================================== Sk. Allauddin @ Md. Allauddin, Son of Sk. Sahish, resident of Village Bari Makandpur, Police Station Gopalpur, District Bhagalpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Gopalpur P.S. Case No.210/2016 registered for the alleged offences under Sections 302/120-B/34 of the Indian Penal Code. As per the prosecution case, when the prosecution party went over property in question to cultivate it four accused persons, namely, Sk. Rabish, Sk. Bablu and Sk. Raja along with petitioner intercepted them and Sk. Rabish and Sk. Bablu gunned down the brother of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner is an innocent and has committed no offence. He has been falsely implicated in this case. It has also been submitted that no overt act has been attributed to the

Patna High Court Cr.Misc. No.29428 of 2017 (02) dt.01-07-2017 2/2 petitioner. He happens to be member of the mob. The allegations levelled against the petitioner are general and omnibus in nature. He has been languishing in jail custody since 04.05.2017. One coaccused Sk. Riyaz @ Sk. Riyaz has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.11648 of 2017 vide order dated 27.04.2017.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Naugachia in connection with Gopalpur P.S. Case No.210 of 2016.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T