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Patna High CourtCR. MISC./65306/2019allowed

Md. Nishu v. The State Of Bihar

2019-11-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65306 of 2019 Arising Out of PS. Case No.-576 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== MD. NISHU Son of Md. Ujjain Mian @ Md. Jayar Resident of Mohalla - Bake Gali, Near Taj Colony, P.S.- Gaya Kotwali, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Adv.

For the Informant Mr. Shashi Bhushan Pandey, Adv. Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Gaya Kotwali P.S. Case No. 576 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Sections 27, 25 (1-b)a 26, 35 of the Arms Act. As per allegation in the FIR, petitioner along with other co-accused have assaulted on the head of the husband of the informant by means of sharp cutting weapons and stones and they also fired upon him by country made pistol. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has been falsely implicated in this case along with his whole family member. There is general

Patna High Court CR. MISC. No.65306 of 2019(2) dt.04-11-2019 2/2 and omnibus allegation against him. In fact, deceased is a veteran criminal, wanted in several cases was killed by the hands of criminal gang. Petitioner has no criminal antecedent and he is in custody since 20.07.2019.

Having heard learned counsel for the parties and considering the fact, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Kotwali P.S. Case No. 576 of 2018. (Arvind Srivastava, J) sushma/- U T