Md. Mozammil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 4152 of 2017 Arising out of P.S. Case No. - 5 Year - 2016 Thana - GHANSHYAMPUR District - DARBHANGA ====================================================== Md. Mozammil, S/o Md. Yaseen @ Yasin, R/o- Pohaddi Bela, P.S. - Ghanshyampur, Dist - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar, Advocate For the Opposite Party : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 302, 504 and 120(B) of the Indian Penal Code. There is general and omnibus allegation against the petitioner and nine others to have caused injury with various weapons causing death of Md. Shakeel.

The Doctor found single head injury which was cause of death, thereafter some witnesses stated before the police that, in fact, this petitioner had caused single injury on the head of the deceased.

Learned counsel for the petitioner submits that if the eye-witnesses had seen the petitioner causing head injury,

Patna High Court Cr.Misc. No.4152 of 2017 (4) dt.24-04-2017 2/2 there was no reason to not to disclose the aforesaid fact in the FIR specifically against the petitioner.

The petitioner is in custody since 09.12.2016. Other co-accused have already allowed bail in this case in Cr. Misc. No. 38608 of 2016.

Learned counsel for the informant opposed the prayer for bail on the ground that others have been granted bail due to the evidence coming before the police that, in fact, this petitioner had given the fatal blow.

Since, there is no specific allegation against the petitioner in the FIR and informant is an eye-witness of the occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Biraul, Darbhanga/successor Court in connection with Ghanshyampur Police Station Case No. 05 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall cancel the bail bond of the petitioner. Kundan/- (Birendra Kumar, J) U T