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Patna High CourtCR. MISC./1013/2022bail granted

Md Lal @ Minnatullah Khursid v. The State Of Bihar

2022-06-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1013 of 2022 Arising Out of PS. Case No.-847 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== MD LAL @ MINNATULLAH KHURSID Son of Late Khursid @ Late Md. Khurshid Alam Resident of Village- Loot Mohalla, P.s.- K. Hat (Sahayak), District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, over a dispute between the parties, it is stated that on the order and instigation of this petitioner the co-accused Md. Ladla assaulted the son of the informant with a knife leading to his death.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. Even accepting the allegations in the FIR no overt act has been alleged against this petitioner who is in custody since

Patna High Court CR. MISC. No.1013 of 2022(2) dt.09-06-2022 2/2 22.9.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, co-accused Md. Ladla having been described as the sole assailant by the informant together with the the petitioner having remained in custody for 8 months and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with K.Hat (Sahayak) P.S. Case no. 847 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea. (Partha Sarthy, J) Spd/- U T