Patna High CourtCR. MISC./29184/2018rejected

Naem Mian @ Naem Ansari And ANR v. The State Of Bihar

2018-06-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29184 of 2018 Arising Out of PS.Case No. -260 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Naem Mian @ Naem Ansari, S/o Id Mohammad,

2. Sahjad Alam S/o Naem Mian, Both are R/o Vill.- Bhitbherwan, P.S.- Gopalganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners, who are in custody since 21.02.2018, seek bail in connection with Gopalganj Town P.S. Case No. 260 of 2017 registered for the offence punishable under section 302/34 of the Indian Penal Code.

The case has been registered on the basis of fardbeyan of informant-Shyara Khatoon alleging therein that on 25.06.2017 altogether 15 FIR named accused armed with deadly weapons entered into the house of informant and brutally assaulted the informant and her family members. The allegation of assault is specific against these petitioners who assaulted the deceased by butt of spade on his head and chest causing injury to him. The

Patna High Court Cr.Misc. No.29184 of 2018 (3) dt.28-06-2018 2/2 victim was moved to hospital and in course of treatment he died. The police have also reported injury on the head of victim. The doctor however reserved opinion on cause of death for viscera report. In the case diary, I find that a large number of persons have supported the allegation of assault by these petitioners. Considering the specific allegation of assault by these petitioners, I am not inclined to grant them privilege of bail. The prayer made on their behalf stands rejected.

(Sanjay Kumar, J) Mahesh/- U T