Md. Israil @ Md. Israil Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62278 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== MD. ISRAIL @ MD. ISRAIL MIYAN son of Md. Sovarati @ Md. Sovarati Miyan @ Sovarati Village- Bangaipatti W.No-5, Ps- Raghopur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324 and 302 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner has assaulted the informant's father by means of axe blow and coaccused Md. Misrail assaulted him by means of spade blow as a result of which he received injuries over his head, neck and shoulder. Informant and other villagers took him to the hospital where doctor declared his brought dead.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Both parties are agnates and there is case and

Patna High Court CR. MISC. No.62278 of 2023(3) dt.02-11-2023 2/2 counter case. Specific allegation of giving ace and spade blow is against co-accused Md. Misrael and Md. Mansoor. General and omnibus allegation has been levelled against this petitioner. He has got no criminal antecedent. Petitioner is languishing in judicial custody since 14.1.2023.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named in the FIR. .

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IV, Supaul in connection with Raghopur P.S. Case No. 17 of 2023.

(Sunil Kumar Panwar, J) sushma/- U