Patna High CourtCR. MISC./57691/2017bail granted

Sagir Mian v. The State Of Bihar

2018-01-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57691 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -HUSAINGANJ District- SIWAN ====================================================== Sagir Mian S/o Late Jahir Mian, R/o Navada Tola, P.S.- Hussainganj (M.H. Nagar), District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr.Adv. : Mr.Prashant Kumar, Adv.

For the Opposite Party/s : Mr. Shyam Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147,148,149,302 and 380 of the Indian Penal Code.

For trivial dispute, an occurrence of assault took place wherein the petitioner allegedly assaulted with lathi causing injury to the father of the informant, as a result whereof, he died. Submission of the learned senior counsel for the petitioner is that there is no allegation of repetition of blow. The petitioner has stated on oath that he has got no criminal antecedent and he is in custody since 11.09.2017. Though in the FIR, informant claims to be an eye witness of the occurrence. However,

Patna High Court Cr.Misc. No.57691 of 2017 (3) dt.10-01-2018 his further statement before the police would reveal that at the time of occurrence, he was at some different place. Furthermore, there is no other eye witness of the occurrence. Considering the entire facts, let the petitioner, above named, on completion of six months of custody, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hussainganj (M.H.Nagar) Police Station Case No.07 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T