Patna High CourtCR. MISC./85247/2019bail granted

Gayas Khan @ Bhuttali @ Gasas Khan v. The State Of Bihar

2020-01-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85247 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Gayas Khan @ Bhuttali @ Gasas Khan Son of Late Yusuf Mian @ Late Yusuf Resident of Village/ Mohalla- Kuraishi, Muhalla- P.S.- Aurangabad (T), District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Ansarul Haque, APP For the Informant :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhashkar Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/324/381 /307 /504 / 34 of the Indian Penal Code.

There is general and omnibus allegation against the petitioner and others to have caused injury with iron rod at the head of the informant. The doctor has found sharp cut wound at skull.

Submission is that single injury was found by the doctor and it is difficult to attribute as to which of the accused has caused the said injury. Moreover, the medical report is not

Patna High Court CR. MISC. No.85247 of 2019(2) dt.07-01-2020 2/2 consistent with the prosecution evidence as far as use of the weapon is concerned.

Learned counsel for the informant opposed the prayer for bail.

Considering the general and omnibus nature of allegation and other materials as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Aurangabad (T) P.S. Case No.107 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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) Mkr./- U T