Patna High CourtCR. MISC./41805/2018bail granted

Md. Izhar v. The State Of Bihar

2018-09-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41805 of 2018 Arising Out of PS.Case No. -341 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Md. Izhar, Son of Late Feku Miya @ Fakruddin, Resident of Moghulpura, Hussainabad, Police Station- Mojahidpur, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 249 of 2018 arising out of Mojahidpur (Babarganj) P.S. Case No. 341 of 2017 instituted for the offence under Sections 341, 342, 323, 307, 386, 387, 504 and 506/34 of the Indian Penal Code. Counsel for the petitioner submits that co-accused Md. Babar with similar allegation has already been granted bail by a coordinate Bench of this Court vide order dated 22.06.2018 passed in Cr. Misc. 36261 of 2018. Counsel for the petitioner further submits that petitioner is in custody since 19.12.2017. It is alleged in the written report by the informant who is Officer-in-Charge of Mojahidpur Police Station that a Video got viral on the internet. It is alleged that to test its veracity, the

Patna High Court Cr.Misc. No.41805 of 2018 (3) dt.24-09-2018 2/2 informant came to know that on 09.11.2017 at 5.00 p.m. Md. Raj was going to Mazar with his wife, then petitioner along with coaccused Md. Chotu, Md. Rawat, Md. Tipu caught Md. Raj and took him towards Kawati Maidan. They started demanding extortion money. The said Md. Raj was assaulted. The Video got viral on social media.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released 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 Additional District & Sessions Judge-I, Bhagalpur, in connection with Sessions Trial No. 249 of 2018 arising out of Mojahidpur (Babarganj) P.S. Case No. 341 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T