Md. Munna And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.26530 of 2018 (3) dt.29-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26530 of 2018 Arising Out of PS.Case No. -171 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Md. Munna S/o Md. Manjoor Alam @ Md. Manzoor Rayeen @ Md. Manzoor

2. Md. Kaley S/o Md. Manjoor Alam @ Md. Manzoor Rayeen @ Md. Manzoor Both residents of village - Pancarahiya, P.S. Belsand, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the parties.

This is an application for bail in connection with Pupri P.S. Case No. 171 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

Allegation as per FIR is that petitioners and other coaccused persons came to the house of the informant and assaulted him and thereafter again petitioners and two other accused persons came and assaulted father of the informant and others. It has been submitted on behalf of the petitioners that there is general and omnibus allegation against all the accused persons, including the petitioners, whereas post mortem report shows only

Patna High Court Cr.Misc. No.26530 of 2018 (3) dt.29-05-2018 two injuries and it has not been stated as to what weapon was used and petitioners are in custody for eight months and six months respectively.

It is further submitted that similarly situated co-accused persons have also been granted bail by this Court by an order dated 05.07.2017 passed in Cr. Misc.No.24997 of 2017. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sitamarhi, in connection with Pupri P.S. Case No. 171 of 2016. (Mohit Kumar Shah, J) Sanjeev/- U T