Md. Laazim v. The State Of Bihar
Patna High Court Cr.Misc. No.44748 of 2017 (2) dt.21-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44748 of 2017 Arising Out of PS.Case No. -249 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================
1. Md. Laazim Son of late Hafiz, Resident of Village-Bochi, Ward No. 02 Rampur-Mohanpur P.S.-Araria (Bairgachhi), Dist-Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
21-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Araria P.S. Case No. 249 of 2017 registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that in the First Information Report the only allegation against the petitioner is that while the husband of the informant was being assaulted by one Md. Azam by knife, this petitioner and one Md. Israil were seen standing there, they did not stop Md. Azam from assaulting the husband of the informant.
Patna High Court Cr.Misc. No.44748 of 2017 (2) dt.21-09-2017 Submission is that there is no allegation at all of any assault against this petitioner. The post mortem report shows only one injury which is specifically attributed to Md. Azam. The petitioner has got no criminal history.
Learned Additional Public Prosecutor for the State accepts the factual position as stated in the F.I.R. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 249/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J.) Rajeev/- U T