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Patna High CourtCR. MISC./27206/2017bail granted

Md. Tabrej @ Md. Tabrez v. The State Of Bihar

2017-06-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27206 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -SRI NAGAR District- MADHEPURA ====================================================== MD. TABREJ @ MD. TABREZ, Son of Late Nuruddin, Resident of Village- Puraini, Police Station- Sri Nagar, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Uday Chand Prasad, Adv. Mr. Manoj Kumar, Adv.

For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks regular bail in connection with Srinagar P.S. Case No. 39 of 2016 giving rise to Sessions Trial No. 71 of 2017, registered for the offence under Sections 147, 148, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code. The allegation is with regard to the petitioner and other co-accused persons beating the informant and others, leading to grave injury on the persons of the deceased.

Learned counsel for the petitioner submits that there is single injury on the head of the deceased. However, it is difficult to detect as to which accused persons inflicted injury. It is stated that the petitioner has no criminal antecedent and he is in custody

Patna High Court Cr.Misc. No.27206 of 2017 (2) dt.15-06-2017 2/2 since 13.01.2017. It is further submitted that similarly situated coaccused namely, Md. Mustkim @ Bhutto has been granted bail by order dated 18-04-2017 passed in Cr. Misc. No. 9082 of 2017. Having regard to the facts and circumstances of the case more particularly the fact that the case of the petitioner stands on same footing to that of the co-accused, who has been granted bail by a Bench of this Court, I am of the view that the petitioner is also entitled to be enlarged on regular bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount to the satisfaction of learned Adsditional Sessions Judge-III, Madhepura in connection with Srinagar P.S. Case No. 39 of 2016, giving rise to Sessions Trial No. 71 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T