Md. Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26659 of 2016 Arising Out of PS.Case No. -230 Year- 2015 Thana -RUPAULI District- PURNIA ====================================================== Md. Iliyas S/o Late Tafir, resident of village - Ajhokopa p.s. Rupauli, Distt - Purnia.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-07-2016 Heard Smt. Rajni Kumari, learned counsel for the petitioner and Sri Gauri Shankar Gupta, learned Addl. Public Prosecutor.

The sole petitioner, who is none else but father of the deceased, has prayed for grant of bail in connection with Rupauli P.S. Case no.230/2015 registered for the offence under Section 302/34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that of course in the F.I.R. it was alleged that the petitioner was present in the occurrence. She further submits that the petitioner had gone only to settle the dispute and, in the meanwhile, one of the accused gave lathi blow, which hit on the head of the deceased and subsequently died. It was submitted that

Patna High Court Cr.Misc. No.26659 of 2016 (2) dt.11-07-2016 2/2 in any event, there is no direct accusation against the petitioner. Keeping in view the facts and circumstances, particularly the fact that there is no specific accusation against the petitioner, let the petitioner, namely, Md. Iliyas 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, Purnia in connection with Rupauli P.S. Case no.230 of 2015.

(Rakesh Kumar, J) NKS/- U