Patna High CourtCR. MISC./54348/2021bail granted

Md. Mosim v. The State Of Bihar

2021-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54348 of 2021 Arising Out of PS. Case No.-167 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

Md. Mosim Son of Md. Mokim Resident of Village - Karauti Nahar Tola, Ward No.- 14, P.S.- Udakishunganj, District - Madhepura. 2.

Md. Alam Son of Md. Badlu Resident of Village - Karauti Nahar Tola, Ward No.- 14, P.S.- Udakishunganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

06-12-2021 Heard learned counsel for the parties.

Petitioners pray for bail in Udakishunganj P.S. Case No. 167 of 2021, registered for the offence under Section 147, 148, 120(B), 363, 302 of the Indian Penal Code. As per the F.I.R., all the eight FIR named accused persons including these petitioners kidnapped and killed the son of the informant.

It is submitted on behalf of petitioners that informant is not eye-witness of the occurrence. There is general and omnibus allegation and no specific allegation of overt act has been attributed against these petitioners. As per F.I.R. itself, there was enmity between the deceased and co-accused Md.

Patna High Court CR. MISC. No.54348 of 2021(2) dt.06-12-2021 2/2 Ojaheed and prior to the occurrence, he (Md. Ojaheed) had threatened the deceased with dire consequences. Petitioners have got clean antecedent and they are in custody since 04.06.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1st, Udakishunganj, District Madhepura in connection with Udakishunganj P.S. Case No. 167 of 2021.

(Prabhat Kumar Singh, J) anay/- U T