Patna High CourtCR. MISC./50992/2017bail granted

Idrish Miyan @ Md. Idrish v. The State Of Bihar

2017-12-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50992 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Idrish Miyan @ Md. Idrish Son of Md. Vasir Resident of VillageFatehabad, Police Station-Hajipur Sadar In the District of Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 132 of 2015 dated 22.03.2015 instituted for the offences under Sections 147, 148, 149, 452, 504, 506, 364, 427, 380, 307, 302, 324 and 326 of the Indian Penal Code. The deceased had married a Muslim girl and in retaliation around 60-65 persons of the village gathered at the house of the informant and killed the deceased thereafter. There is no specific allegation against the petitioner except for his having been named in the FIR as being part of the crowd. The Muslim girl who had married the deceased has also not named the petitioner as one of the assailants of the deceased. That apart, other

Patna High Court Cr.Misc. No.50992 of 2017 (3) dt.22-12-2017 similarly situated accused persons have been granted bail by different Benches of this Court; one being order dated 02.05.2016 passed in Cr. Misc. No. 18578 of 2016.

The petitioner is in custody since 06.07.2017. It has been submitted on behalf of the petitioner that charge sheet has already been submitted in this case and the petitioner, in case of his release on bail, shall not be in any position to tamper with the evidence.

For the facts aforestated, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 132 of 2015.

(Ashutosh Kumar, J) KKSINHA/- U T