Patna High CourtCR. MISC./21434/2017bail granted

Md. Dildar And ANR v. The State Of Bihar

2017-07-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21434 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Md. Dildar Son of Md. Aahi @ Md. Yahiya Resident of Village Chirotana, P.S. Bithan, District Samastipur.

2. Md. Khursid Son of Bahauddin @ Walauddin Resident of Village Salhabujurg, P.S. Bithan, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody for offences punishable under Sections 307/504/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation of firing and causing fire-arm injury against three persons including the petitioners and coaccused Md. Ibrar. The petitioners are in custody since 07.02.2017 and have stated on oath that they have got no criminal antecedent. Submission is that similarly situated co-accused Md. Ibrar has already been allowed bail by a coordinate Bench of

Patna High Court Cr.Misc. No.21434 of 2017 (3) dt.03-07-2017 2/2 this Court in Cr. Misc. No.21916 of 2017 on 10.05.2017, considering the fact that there was no specific attribution and the injuries found were simple in nature.

Allegation against the petitioners is of identical nature, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur, in connection with Bithan P.S. Case No.155 of 2016, with condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case.

(Birendra Kumar, J) Mkr./- U T