Md. Junna @ Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50117 of 2014 Arising Out of PS.Case No. -151 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Junna @ Md. Alam son of Md. Khalique resident of villageBakarpur, P.S. Mufassil, Munger .... .... 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. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-05-2015 Heard counsel for the petitioner and the State. The petitioner seeks bail in Mufassil P.S. Case No. 151 of 2013 for the offences punishable under section 302 IPC and section 27 of the Arms Act.

On account of land disputes both parties quarreled. The allegation is that two accused persons (not the petitioner) opened firing causing death of Md. Ekram, the brother of the informant. Counsel for the petitioner submits that even going by the allegation contained in the FIR he was only a member of the mob. Learned APP on going through the materials on record does not dispute the aforesaid contention.

The petitioner is in custody since 11.06.2014. It is further stated that co accused(s), identically placed, have been released on bail. learned counsel relies in this regard on annexure-2

Patna High Court Cr.Misc. No.50117 of 2014 (4) dt.14-05-2015 2 / 2 series.

In the facts and circumstances of the case, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Mufassil P.S. Case No. 151 of 2013 on condition that one of the bailors shall be own/close family member of the petitioner. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of non appearance on two consecutive dates, the trial court shall cancel his bail bonds. (Kishore Kumar Mandal, J) HR/- U