← Library
Patna High CourtCR. MISC./43539/2019bail granted

Md.Izrail@Md.Azro v. The State Of Bihar

2019-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43539 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- SHAHKUND District- Bhagalpur ====================================================== MD.IZRAIL @ MD.AZRO Son of Late Matul Resident of Village - Belkhoria, P.S.- Madhusudanpur, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Shahkund (Sajour) P.S. Case No. 190 of 2018 (Sessions Trial No. 40 of 2019), instituted for the offence under Section(s) 302/34 of Indian Penal Code.

There is specific allegation in the written report against co-accused Md. Azimuddin of causing injury on abdomen of husband of the informant with sharp cutting weapon. Md. Noor also gave sharp weapon blow in the abdomen causing bleeding injury to the husband of the informant and he became seriously injured. Subsequently, he died on the way to Hospital.

In this manner, from the written report it appears

Patna High Court CR. MISC. No.43539 of 2019(2) dt.18-07-2019 2/2 that there is no allegation of any specific overt act against the petitioner.

Petitioner is in custody since 31.8.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, 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 learned 8th Additional District & Sessions Judge, Bhagalpur, in connection with Shahkund (Sajour) P.S. Case No. 190 of 2018 (Sessions Trial No. 40 of 2019), subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T