Md. Tufail And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5048 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -JADIA District- SUPAUL ======================================================

1. Md. Tufail son of Md. Sohail

2. Md. Sahnawaz Alam @ Md. Shahnwaz son of Md. Sayeed

3. Md. Junaid son of Md. Allaudin All three resident of village - Baghaili Ward No. 13, Police Station - Jadia, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sajid Salim Khan For the Opposite Party/s : Mr. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioners seek bail in a case registered under section 302 and other allied sections of the Indian Penal Code.

Md. Junaid the informant named nine persons including these three petitioners and alleged that they all assaulted his father Md. Gyasuddin and uncle. The father of the informant succumbed to the injury.

Learned counsel for the petitioners submits that all the nine accused persons are alleged to have assaulted father and uncle of the informant but from the postmortem report it appears that only one injury was found on the head of the father of

Patna High Court Cr.Misc. No.5048 of 2015 (2) dt.05-02-2015 2/2 the informant. On similar fact Md. Saseed Alam @ Md. Saiyad and Md. Sohail have already been enlarged on bail vide Cr. Misc. No. 2068 of 2015.

Learned A.P.P. on the other hand opposed the prayer for bail.

It appears that omnibus and general allegation of assault is made against all the nine accused persons including the petitioner but only one injury was found on the head of Gyasuddin the father of the informant. Similarly situated two accused persons have already been enlarged on bail.

Considering the aforesaid facts, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Supaul in Jadia P.S. Case No. 118 of 2014.

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