Patna High CourtCR. MISC./27830/2017bail granted

Md. Shakoor v. The State Of Bihar

2017-06-30Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.27830 of 2017 (2) dt.30-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27830 of 2017 Arising Out of PS.Case No. -91 Year- 2015 Thana -BHARGAWAN District- ARRARIA ====================================================== Md. Shakoor S/o late Wajid Resident of Village- Baijupatti Ward No. 4, P.S. Bhargama, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2017 Heard both sides.

The petitioner seeks bail in Bhargama P.S. Case No. 91/2015, registered for the offences punishable under Sections 302, 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

The informant named eight persons including the petitioner in the F.I.R. The informant alleged that Md. Mukhtar, Md. Naushad and Md. Shakoor (petitioner) brought Md. Naim at darwaja and abused him and assaulted him with fists and slaps. Thereafter, Md. Mukhtar fired which hit on the chest of Md. Naim who died on the spot. Md. Naushad is alleged to have assaulted Md. Moin brother of Md. Naim with sword on his head. When Md. Sadre Alam younger brother of Md. Naim came, Md.

Patna High Court Cr.Misc. No.27830 of 2017 (2) dt.30-06-2017 Shakoor (petitioner) is alleged to have assaulted him with lathi. It is submitted that Md. Sadre Alam did not get any injury. The petitioner is not the assailant of Md. Naim (deceased). The petitioner is in jail since 17.03.2017. The petitioner has already remained in jail for more than three months. Considering the facts aforesaid and the fact that petitioner is not the assailant of the deceased and Sadre Alam who is said to have been assaulted by the petitioner did not get any injury, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Araria in connection with Bhargama P.S. Case No. 91/2015.

(Prabhat Kumar Jha, J.) Vinita/- U T