Sagir Husain @ Sagir Hussain @ Md. Sagir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71393 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== SAGIR HUSAIN @ SAGIR HUSSAIN @ MD. SAGIR HUSSAIN Son of Rashid Mian @ Abdul Rashid Resident of Village - Rajapur Pachrukhiya, P.S.- Koilwar, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ataul Haque For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Koilwar P.S. Case No. 152 of 2019, disclosing the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code. The petitioner is in custody since 31.08.2019. The occurrence is said to have taken place on the date when votes for General Parliamentary Election were going on to be cast. It is alleged that the informant and others were going to cast their votes. There are 14 persons named in the First Information Report who are said to have assaulted the deceased. Learned counsel appearing on behalf of the petitioner has submitted that except for the allegation that the petitioner

Patna High Court CR. MISC. No.71393 of 2019(2) dt.18-12-2019 2/2 was also one of the 14 persons named in the First Information Report, there is absolutely no allegation of any assault made by him. He submits that no overt act has at all been alleged in the First Information Report.

Considering the nature of allegation against the petitioner in the First Information Report, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 152 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T