Azharuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59779 of 2018 Arising Out of PS. Case No.-172 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Azharuddin S/o Mumtaz , R/o Vill.- Sangrampur, P.S.- Phulwaria, DistrictGopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. D.N. Tiwari, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Mirganj P.S. Case No. 172 of 2018 registered for the offences punishable under Sections 147, 149, 323, 307, 353, 332, 333 and 451 of the Indian Penal Code and under Section 27 of the Arms Act.
Informant has alleged that when he was returning from court to Mirganj there was traffic jam, thereafter when he tried to remove the traffic jam, five accused persons including petitiner assaulted him with fist and slap and there is also allegation of indiscriminate firing upon him, with an intention to kill him.
It has been submitted on behalf of the petitioner
Patna High Court Cr.Misc. No.59779 of 2018(2) dt.05-10-2018 2/2 that he is innocent and has been falsely implicated in this case. Allegation against petitioner is general and omnibus in nature. Nothing has been recovered from possession of the petitioner. It has been further submitted that similarly placed co-accused persons have been granted bail by this Court as well as other coordinate Bench of this Court in Cr. Misc. No. 43892 of 2018, Cr. Misc. No. 51759 of 2018 and Cr. Misc. No. 47939 of 2018 vide order dated 25.09.2018, 20.09.2018 and 27.09.2018 respectively.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XVI, Gopalganj in connection with Mirganj P.S. Case No. 172 of 2018. (S. Kumar, J) Rajiv/ManojU T