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Patna High CourtCR. MISC./13421/2017bail granted

Tahseel Alam @ Tahseed Alam v. The State Of Bihar

2017-03-24Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13421 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -BANMANKHI District- PURNIA ====================================================== Tahseel Alam @ Tahseed Alam, Son of Musa Ansari, Resident of VillageDharhara Ansari Tola, Police Station- Banmankhi, District- Purnea. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 24-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Banmankhi P.S. Case No.183 of 2016 registered under Sections 147. 148, 149, 447, 341, 323, 324, 307, 379, 504, 506 and, later on, added Section 302 of the Indian Penal Code.

The accusation is that 24 persons, named in the F.I.R., including the petitioner surrounded Soib Alam, the father of the informant Md. Amrul Alam. At that time, this petitioner is said to have caused blood oozing injury through Garasa at the temporal region of Soib Alam, the father of the informant. The other accused also caused injury to Soib Alam, the father of the informant, through lathi, danda, Garsasa and sword. When the brother of the informant rushed to save

Patna High Court Cr.Misc. No.13421 of 2017 (2) dt.24-03-2017 2/2 his father, he was also assaulted.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the informant is not an eye witness to the occurrence rather the informant reached at the place of the occurrence, after the occurrence. Moreover, there is specific allegation against the petitioner to cause injury at the temporal region of Soib Alam, the father of the informant, who died, later on, through Garsasa but in the post-mortem examination of the dead body of Soib Alam, the father of the informant, the injury is said to be caused by hard and blunt substance. The petitioner having no criminal antecedent is in custody since 24.12.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Banmankhi P.S. Case No.183 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T