Azizul Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67478 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Azizul Azam Son of Abdul Matilib @ Abdul Motalib Resident of VillageGuabari, P.S.- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2022 Heard both parties.

The petitioner seeks bail in Kundwa Chainpur P.S. Case No. 105 of 2020, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, 20 named and 10-12 unknown persons having armed with weapons came at the house of informant and thereafter committed assault as a result of which five persons sustained injuries out of them one Shabir Ahmad died due to firearm injuries during course of treatment. It is submitted on behalf of the petitioner that though petitioner is named in the FIR, but no specific overt act has been alleged against this petitioner. Specific allegation of causing

Patna High Court CR. MISC. No.67478 of 2021(2) dt.28-02-2022 2/2 assault and firearm injury is against other co-accused persons. Other co-accused have been granted bail by this Court vide order dated 07.04.2021 passed in Cr. Misc. No. 982 of 2021. Petitioner is in custody since 07.07.2021.

Considering the facts and circumstances of the case, 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 the learned Sub-Divisional Judicial Magistrate, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 105 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T