Nabi Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39937 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== NABI HUSSAIN S/o Late Aas Hakim @ Aas Mohhammad @ Abdul Hakim R/o village- Dhama Pakar, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakti Suman Kumar For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.
The petitioner seeks bail in Manjhagarh P.S. Case No. 74/2019, instituted for offences under Section(s) 323, 324, 307, 504 and 302/34 of the Indian Penal Code.
It is alleged in the written report that on the date of occurrence husband of informant was constructing drain outside his house, which was objected by the petitioner, but husband of informant did not stop the construction of drain then Gulsen Alam gave knife blow in the abdomen of husband of informant, who subsequently died in the hospital.
Learned counsel for the petitioner has submitted that there is specific allegation of causing knife injury in the abdomen of husband of informant against co-accuse Gulsen
Patna High Court CR. MISC. No.39937 of 2019(2) dt.04-07-2019 2/2 Alam. No allegation of specific overt act has been levelled against this petitioner.
Learned counsel for the informant has opposed the prayer for bail of petitioner.
Petitioner is in custody since 19.03.2019.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail 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 the learned Chief Judicial Magistrate, Gopalganj, in connection with Manjhagarh P.S. Case No. 74/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T