Patna High CourtCR. MISC./7585/2019bail granted

Md. Salamat Sah @ Salamat Sai v. The State Of Bihar

2019-04-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7585 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== MD. SALAMAT SAH @ SALAMAT SAI, Son of Late Md. Hafij Sah @ Late Hagij Sah, Resident of Village - Gyaspur, P.S. - Paroo, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 148, 148, 149, 323, 324, 325, 307, 302, 504 and 506 of the Indian Penal Code. According to FIR, the named six accused persons including the petitioner assaulted with lathi etc. to the son of the informant as a result whereof he died. The Doctor has found only two injuries on the person of the injured. One was abrasion on the right temple and another was bruise at the right eyebrow. The aforesaid injuries were cause of death.

Learned counsel for the petitioner submits that during investigation, one witness stated that co-accused had caused the said injury whereas another witness stated that, in fact, the

Patna High Court CR. MISC. No.7585 of 2019(4) dt.24-04-2019 2/2 petitioner was being assaulted by the prosecution side and other co-accused assaulted to the deceased. Petitioner is in custody since 18.06.2018. Investigation of the case is already complete. Considering the aforesaid conflicting material on the record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Paroo Police Station Case No. 226 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T