Patna High CourtCR. MISC./36749/2018bail granted

Md. Shakil v. The State Of Bihar

2018-09-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36749 of 2018 Arising Out of PS. Case No.-468 Year-2017 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md. Shakil S/o Late Abu Bakar, R/o Mohalla- Kabirpur Gadhaiya, P.S.- Lalmaiya Nathnagar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Sanjay Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Nathnagar P.S. Case No. 468 of 2017 registered for the offence punishable under Sections 341, 323, 302, 504, 506, 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that there is no specific allegation of assault on the informant's daughter against the petitioner, only general and omnibus allegation against him is that he has pushed the deceased. It has been further submitted that from perusal of the FIR, it appears that the co-

Patna High Court Cr.Misc. No.36749 of 2018(6) dt.06-09-2018 2/2 accused Md. Amanat has assaulted the deceased and postmortem report also support the factum of allegation. It has been further submitted that co-accused persons, namely, Md. Chotto and Md. Gufran have already granted bail by this Hon'ble Court vide order dated 02.05.2018 and 17.05.2018 passed in Cr. Misc. No. 18887 of 2018 and Cr. Misc. No. 17801 of 2018 respectively. Petitioner has no criminal antecedent and he is in custody since 30.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhagalpur, in connection with Nathnagar P.S. Case No. 468 of 2017.

(S. Kumar, J) veena/- U T