Jafir Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43552 of 2019 Arising Out of PS. Case No.-113 Year-2016 Thana- DHAKA District- East Champaran ====================================================== 1.

JAFIR DEWAN 2.

Gafir Dewan Both sons of late Gani Dewaqn 3.

Jakir Dewan Son of Jafir Dewan 4.

Khurshid Dewan Son of Ibrahim Dewan All Resident of Village- Daud Nagar Sapahi, P.S.- Dhaka (Pachpakadi), District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Dhaka (Pachpokhari) P.S. Case No. 113 of 2016, instituted for the offence under Section (s) 147, 148, 149, 341, 323, 324, 307, 452, 380, 302 and 506 of the Indian Penal Code.

It is alleged in the written report that petitioners assaulted the son of the informant with sharp cutting weapon on his neck on account of which, he became seriously injured and subsequently died on the spot.

Counsel for the petitioners submits that in the post

Patna High Court CR. MISC. No.43552 of 2019(2) dt.18-07-2019 2/2 mortem report only two injuries have been found caused by sharp cutting weapons. None of the injury was found on the neck of the deceased as alleged in the written report. He further submits that there is no any definite allegation against the petitioners to support the injury found in the post mortem report against them.

Petitioners are in custody since 15.3.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, 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 Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Chamapran in connection with Dhaka (Pachpokhari) P.S. Case No. 113 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T