Ismail Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.62435 of 2017 (2) dt.10-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62435 of 2017 Arising Out of PS.Case No. -282 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ismail Mian S/o Late Ardali Mian R/o Heera Pakad Naya Tola, P.S.- Manuapul (Muffasil) Bettiah, District- West Champar.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Bettiah Muffasil (Manuapul) PS Case No. 282 of 2017 registered under Sections 302 and 307/34 of the IPC.

The allegation in brief is that Aftab Alam gave one iron rod blow on the neck of Ainullah and when his brother came to rescue then Amirullah was also assaulted and Ainullah died on the spot. Learned Counsel for the petitioner submits that the specific allegation of assault on Ainullah (deceased) is only against Aftab Alam and not against the petitioner. Only one injury was found on the person of Ainullah which was fatal. The petitioner is in custody since 9.7.2017 and there is no criminal antecedent against him. Similarly situated co-accused Guddu Alam has been granted bail by a coordinate Bench of this Court.

Having considered the said facts and circumstances, the petitioner, namely, Ismail Mian is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Bettiah, West Champaran in connection with Bettiah Muffasil (Manuapul) PS Case No. 282 of 2017.

(Arun Kumar, J.) Snkumar/- U T