Patna High CourtCR. MISC./45562/2019bail granted

Nasruddin Ansari v. The State Of Bihar

2019-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45562 of 2019 Arising Out of PS. Case No.-1131 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Nasruddin Ansari S/o Late Aas Mohammad Ansari R/o Village- Mathuri, Ward No. 4, P.S.- Dehri (Dalmiya Nagar), District- Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

Allegation is that on 15.12.2018 the informant's father was sitting at Teju Kirana Store, the accused persons including the petitioner came there and started quarreling and co-accused Md. Muzib started pressing his neck, on account of which he fell down and thereafter the accused persons assaulted him by fists and slaps, due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.45562 of 2019(2) dt.23-07-2019 2/2 against the petitioner. The petitioner is alleged to have given fist and slap to the deceased along with other co-accused. Specific allegation is against co-accused, namely, Md. Muzib, who is said to have pressed the neck of the deceased. Postmortem report corroborates with the allegation and external injury has been found on the neck of the deceased. Death is due to asphyxia. No fatal injury is said to have been caused by this petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, District Rohtas in connection with Dehri (Dalmiya Nagar) P.S. case No.1131 of 2018.

(Sudhir Singh, J) Narendra/- U T