Patna High CourtCR. MISC./37361/2018rejected

Md. Manir @ Md. Maniruddin And ANR v. The State Of Bihar

2018-07-19Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37361 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -AMDABAD District- KATIHAR ======================================================

1. Md. Manir @ Md. Maniruddin S/o Md. Rashid

2. Sagir, S/o Md. Rafique. Both resident of Village- Balua, P.S. Amdabad, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Dr.S.Shekhar Kishore For the Opposite Party/s : Mr.S.K.Singh, Sr.Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard.

The petitioners seek bail in Amdabad P.S.Case No.34 of 2018 instituted for the offence under Section 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

Allegation as per the F.I.R. is that the petitioner no.1 assaulted the uncle of the informant with sword causing injury on his head and petitioner no.2 assaulted him with rod causing injuries on his legs. It has been submitted that the informant and the petitioners are agnates and both are at inimical term due to prevailing land dispute. A counter case has also been lodged from the side of the petitioners. The petitioners have clean antecedent and, as such, they deserve bail. Learned A.P.P. opposed the submissions on the ground that there is specific allegation of assault against the petitioners. It appears that these petitioners assaulted the informant and his uncle by sword and iron rod on their vital parts. and his uncle sustained grievous injuries on their person and out of them the uncle of deceased died in course of treatment.

Patna High Court Cr.Misc. No.37361 of 2018 (4) dt.19-07-2018 2/2 Considering the facts and circumstances of the case, stated above, I am not inclined to grant bail to the petitioners. The prayer for bail of the petitioners is rejected.

However, the trial court is directed to expedite the trial. (Sanjay Kumar, J) AnilKrSinha/- U