Md. Zafar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72257 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- DAGARUA District- Purnia ====================================================== Md. Zafar Son of Late Hajrat @ Hajrat Alam Resident Of Village - Sakrail, P.S.- Dagarua, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Hussain, Advocate For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Dagarua P.S. Case No. 189 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 325, 302, 504 and 506 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 03.07.2022.
The allegation against the petitioner is to commit murder of employee/relative of informant alongwith other named co-accused persons due to issue arises out of employment of driver of the tractor, where assault was alleged
Patna High Court CR. MISC. No.72257 of 2022(2) dt.20-03-2023 2/3 to be caused by lathi, rod etc.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner was falsely implicated in this case, where allegation as regard to assault is appearing very much general and omnibus in nature. It is further submitted that similarly situated co-accused, namely, Muslim has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 71655 of 2022 vide order dated 12.01.2023. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, and by taking note of the nature of allegation as regard to assault, which is appearing very much general and omnibus against this petitioner, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dagarua P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.72257 of 2022(2) dt.20-03-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Purnea/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T