Abu Mottmar Zeay @ Abu Mohatalab Zia @ Prince @ Abu Mottmaz Ziyai v. The State Of Bihar

Patna High Court Cr.Misc. No.14209 of 2017 (2) dt.07-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14209 of 2017 Arising Out of PS.Case No. -261 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Abu Mottmar Zeay @ Abu Mohatalab Zia @ Prince @ Abu Mottmaz Ziyai S/o Najeeb Alam, Resident of Village- Plasmani, Police StationBahadurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bahadurganj P.S.Case No.261/16 registered under Sections 147, 148, 149, 341, 323, 324, 307, 337, 353, 435, 452, 379, 380 and 427 of the I.P.C.

The accusation is that on 21.12.2016 one Govind Lal Das of Mohalla- Panbasti Kalibari, was rushed to the Primary Health Centre, Bahadurganj where the informant was posted as Medical Officer. Govind Lal was found dead by the informant. Thereafter the family members of the Govind Lal and others started creating nusence and causing assault. But on much

Patna High Court Cr.Misc. No.14209 of 2017 (2) dt.07-04-2017 persuasion they took the dead body to the road and two hundred people forming an unlawful assembly came there and caught the hospital staff and assaulted him who sustained injury and due to creating nuisance patients and the staff left the hospital in order to save their life and they also damaged and burnt the motor cycle of the doctor, apparatus , documents, furniture and computer etc. At that time 20 persons named in the F.I.R.were identified in the mob..

Learned counsel appearing on behalf of the petitioner submits that in course of investigation it has come that in C.C.T.V. footage photograph of the petitioner and others were identified creating nuisance in the hospital. The petitioner is a student of Class 12 and he is in custody since 28.12.2016. 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 C.J.M., Kishanganj, in connection with Bahadurganj P.S. Case No.261/16.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U