Md. Mahfooz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4538 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Md. Mahfooz Alam, Son of Md Mahboob Alam, Resident of Mohalla - Dhobiyar, Gulzar Pokhar, P.S. - Kotwali, District - Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 27-04-2015 A supplementary affidavit has been filed. Let it be kept on the record.

Heard the learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case registered for the offence punishable under Sections 447, 341, 324, 307/34 of the Indian Penal Code and later on, Section 302 has been added. It is submitted that according to the First Information Report, accused Sudarshan Yadav came to the house of the informant with three persons and started shaking grill door and directed the informant to come out. Thereafter, the informant and his father were pacifying Sudarshan Yadav, but in the meantime, Niranjan Kumar came out and accused Sudarshan shot fire causing him injury. Later on, he succumbed to the injury. It is further submitted that during investigation and restatement, the name of the petitioner has appeared as he also

Patna High Court Cr.Misc. No.4538 of 2015 (4) dt.27-04-2015 2/2 dragged the deceased out of the gate of his house and accused Sudarshan shot fire. There is no allegation that the petitioner has caused any injury to the deceased. The petitioner has also criminal antecedents. However, after investigation, charge sheet has already been submitted. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Munger/court concerned in Ramnagar P.S. Case No.136 of 2014 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T