Md. Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48229 of 2019 Arising Out of PS. Case No.-8 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. HASAN S/o Wahab Ali R/o village- Bomabasti, Gachhpara, P.S.- Kishanganj, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kishanganj P.S. Case No. 08 of 2017, registered under Sections 302, 341, 323 and 120(b)/34 of Indian Penal Code, pending in the Court of District and Sessions Judge, Kishanganj. The accusation is that five persons named in the F.I.R., including the petitioner, surrounded to Abid Ali, father of the informant, thereafter, Sirajul Haque and Kajimuddin caught hold to the father of the informant and petitioner assaulted at the head of father of the informant through wooden log as a result thereof, Abid Ali, father of the informant, fell down and died on the spot.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.48229 of 2019(3) dt.04-12-2019 2/2 petitioner submits that while specific allegation against the petitioner to assault at the head of father of informant through piece of wooden log, but petitioner has no criminal antecedent. Having considered the facts and circumstances of the case and nature of allegation against the petitioner to cause head injury to the deceased, father of the informant, through wooden log, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T