Md. Gufran @ Ghonchoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17801 of 2018 Arising Out of PS.Case No. -468 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Md. Gufran @ Ghonchoo Son of late Abu Bakar Resident of MohallaKabirpur Gadhaiya, Police Station- Lalmatiya Nathnagar, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nathnagar (Lalmatiya) P.S. Case No. 468 of 2017 registered under Sections 341, 323, 302,504, 506, 34 of the Indian Penal Code.

Petitioner along with other accused persons are said to have assaulted the informant and his wife, while co-accused Md. Shakil is said to have shoved down the daughter of the informant and Md. Amanat assaulted him by means of lathi resulting into her death during course of treatment. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence.

Patna High Court Cr.Misc. No.17801 of 2018 (03) dt.17-05-2018 - 2 - The petitioner has been falsely implicated in this case. There is no allegation of assaulting the daughter of the informant against the petitioner while the allegation of assaulting the informant and his wife levelled against the petitioner is not specific rather general and omnibus in nature and the aforesaid persons have not sustained any injury. The petitioner has been languishing in custody since 06.11.2017. Similarly situated co-accused Md. Chotto has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 18887 of 2018 vide order dated 02.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bhagalpur in connection with Nathnagar (Lalmatiya) P.S. Case No.468 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T