Md. Raju @ Abdul Hassan @ Md.Ali Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41088 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== MD. RAJU @ ABDUL HASSAN @ MD.ALI HASAN, aged about 41 years, Male Son of Md. Kasim Resident of Village - Jhunni Istambrar, P.S.- K.Nagar, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned Senior counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 25.03.2019 has filed the instant application for grant of bail in connection with K. Nagar P.S. Case No. 359 of 2018 registered for the offence punishable under sections 341,323,324,324,307 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per the allegation in the FIR, the informant's son went on a motorcycle along with one Md. Mister and the petitioner herein. When he did not return, search started. Subsequently he was found in an injured condition in a hospital where the doctor found sharp cut injuries on the head and face and subsequently the informant's son died as a result of which section 302 of the Indian Penal Code was added. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.41088 of 2019(3) dt.13-09-2019 2/2 that there is no eye witness to the occurrence. The petitioner having no criminal antecedent, is in custody since 25.03.2019. It is further submitted that the case of the petitioner stands on a similar footing on that of Md. Mister who has been enlarged on bail vide order dated 12.07.2019 passed in Cr.Misc. No.42269 of 2019.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case specially the fact that similarly situated co-accused has been enlarged on bail and the petitioner is in custody since 25.03.2019, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 359 of 2018.

(Partha Sarthy, J) Bibhash/- U