Patna High CourtCR. MISC./47488/2017bail granted

Md. Hiru v. The State Of Bihar

2017-11-28Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47488 of 2017 Arising Out of PS.Case No. -310 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Md. Hiru son of Late Md. Shaluddin, resident of Mohalla- Bhikhanpur, Jhopartti, Gumti No.- 3, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 310/17, G.R. No. 2326/17 for offences punishable under Sections 341, 323, 540, 506, 353, 427, 224, 511 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, who was Incharge of Sessions Hazat, is that while eight prisoners were brought to the court on a prisoner vehicle, all the prisoners stepped down but the petitioner refused to step down and resorted to assault with the police personnel and also damaged Government property. All the prisoners also tried to flee away but were apprehended.

Patna High Court Cr.Misc. No.47488 of 2017 (3) dt.28-11-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that no overt act has been committed by him, he is languishing in judicial custody since 08.06.2017 and has been suitably punished.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a veteran criminal and as many as six cases are pending against him. Considering the facts and circumstances and the materials on record and the period of custody, let petitioner, above named, 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 310/17, G.R. No. 2326/17.

(Nilu Agrawal, J) Rajesh/- U T