Nek Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8517 of 2021 Arising Out of PS. Case No.-99 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== Nek Mohammad, Son of Late Ulfat Hussain, resident of Village-Gidha Fulwaria, P.S. Mahindwara District Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Suresh Prasad Bhakta, Advocate For the Opposite Party :

Mr. Humanyou Ahmad Khan, APP Mr. Dinesh Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned counsel for the State being assisted by learned counsel for the informant.

The petitioner seeks bail in connection with Mahindwara P.S. Case No.99 of 2019 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 27.11.2019 passed in Cr.Misc. No.66574 of 2019.

Learned counsel for the petitioner submitted that the petitioner has lodged Mahindwara P.S. Case No.100 of 2019 against the informant and others for the offences punishable

Patna High Court CR. MISC. No.8517 of 2021(3) dt.17-11-2021 2/2 under Sections 147, 148, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. In the instant case, the son of the petitioner Md. Husnain Akhtar had received several sharp cut injuries on his person. He submitted that in the instant case, though the petitioner is in custody since July 2019, charges have not been framed. He contended that the petitioner is aged about 69 years and is physically unable to perform his daily routine inside the jail.

Learned counsel for the State being assisted by learned counsel for the informant opposed the prayer for bail. Considering the period of over two years undergone by the petitioner in custody and the fact that even the charges have not been framed, I am inclined to grant bail. Accordingly, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara P.S. Case No.99 of 2019.

(Ashwani Kumar Singh, J) kanchan/- U T