Md. Kabir @ Bare v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52465 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Md. Kabir @ Bare S/o Late Md. Nathuni @ Late Abdul Latif @ Lt. Nathuni, R/o Vill.- Damodarpur, P.S.- Kanti, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking regular bail in connection with Sessions Trial No.437 of 2018, arising out of Kanti P.S. Case No. 53 of 2017, registered for offences alleged under Sections 147, 148, 149, 341, 342, 323, 324, 307, 302 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that of beating the deceased by the hockey stick in his hand, however, injury shown in the postmortem report nowhere connects this petitioner and the weapon which has been attributed to him in his hand. Learned
Patna High Court Cr.Misc. No.52465 of 2018 (2) dt.28-09-2018 2/2 counsel further submits that Annexure-4 series are the different orders passed by a learned coordinate Bench of this Court by which Md. Abdul Salam @ Matiya and Md. Rizban @ Laddu against whom also there were allegations of giving knife blow have been enlarged on bail. It is also submitted that this petitioner has got clean antecedent.
Learned APP for the State is present and has opposed the prayer for bail.
Considering the facts and circumstances of the case as have been brought to the notice of this Court by learned counsel for the petitioner, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned 11th Additional District and Sessions Judge, Muzaffarpur in connection with Sessions Trial No.437 of 2018, arising out of Kanti P.S. Case No. 53 of 2017, subject to the conditions U/S 437(3) Cr.P.C.
(Rajeev Ranjan Prasad, J) Arvind/Ved/- U T