Patna High CourtCR. MISC./49092/2022bail granted

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

2022-12-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49092 of 2022 Arising Out of PS. Case No.-292 Year-2016 Thana- MUFFASIL District- West Champaran ====================================================== Md. Shamshad Alam @ Shamshad Alam Son of Mumtaj Ansari R/O VillageVishambharpur, Madarsa Tola, P.S.- Bettiah Mufassil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2022 Heard Mr. Sanjeev Kumar, learned Advocate for the petitioner and Mr. Akshay Lal Pandit for the State.

The petitioner seeks bail in connection with Bettiah Mufassil P.S. Case No. 292 of 2016 dated 26.06.2016 instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 302, 447, 504 & 506 of the Indian Penal Code.

Though the petitioner has been named along with 7 other persons but the accusation against him is general and omnibus. He and others are said to have

Patna High Court CR. MISC. No.49092 of 2022(2) dt.22-12-2022 2/3 assaulted the deceased by means of Khanti.

The deceased has suffered only two injuries.

The petitioner is in custody since 26.02.2022 and a similarly situated accused person namely, Md. Mumtaz Ansari @ Mumtaz Ansari has been granted bail by Bench of this Court vide order dated 22.03.2017 passed in Cr. Misc. No. 12614 of 2017.

It appears surprising that the petitioner is in custody since 26.02.2022 when the case in which he was named was lodged in the year 2016. However, in absence of any statement in the impugned order or in the petition that the petitioner had never absconded, it cannot be presumed that the petitioner had been a fugitive.

Be that as it may, regard being had to the period of custody and there being general and omnibus nature of accusations against him, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.49092 of 2022(2) dt.22-12-2022 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Mufassil P.S. Case No. 292 of 2016.

(Ashutosh Kumar, J) rishi/- U T