Dinul Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11814 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -CHANDRAMANDI District- JAMUI ======================================================

1. Dinul Mian son of Hadish Mian, Resident of Baranpur (Modhopur), P.S. Chandramandih, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chandramandih P.S. Case No. 70 of 2015 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 504, 506 and 379 of the Indian Penal Code. Allegedly, the petitioner and other co-accused assaulted with Tangi and Lathi to Ramjan Miyan causing injury and fracture to him and further the informant was also assaulted by co-accused Idrish Miyan. Co-accused persons took away Rs. 50,000/- and ATM Card from Ramjan Miyan also. Submission is of false implication and that there is

Patna High Court Cr.Misc. No.11814 of 2016 (3) dt.02-05-2016 2/3 general and omnibus allegation against the petitioner, as a matter of fact, injured Ramjan Miyan sustained alleged injury on account of road accident and during investigation, this fact has come in the statement of Dr. Ajay Praveen who has treated the injured vide para 55 of the case diary, there was collision between the motorbike and tractor, there is case and counter case bearing Chandramandih P.S. Case No. 45 of 2014 and, as such, the petitioner deserves sympathetic consideration to which the learned A.P.P. opposes.

In the facts and circumstances stated above, considering the detention of the petitioner and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IInd, Jamui in connection with Chandramandih P.S. Case No. 70 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two

Patna High Court Cr.Misc. No.11814 of 2016 (3) dt.02-05-2016 3/3 consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T