Md. Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80688 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- MARAUNA District- Supaul ====================================================== 1.

MD. ILIYAS Son of Late Ibrahim Resident of Village- Goth Marauna, P.S.- Marauna, District- Supaul.

2.

Md. Mosakh Son of Late Ibrahim Resident of Village-Goth Marauna, P.S.- Marauna, District-Supaul.

3.

Md. Sajjal Son of Late Ibrahim Resident of Village-Goth Marauna, P.S.- Marauna, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case in brief is that the son of the informant was brutally assaulted by accused persons, as a result of which, he sustained injuries. It is further alleged that the injured was taken to hospital where he died in course of treatment.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.80688 of 2019(3) dt.19-03-2020 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 16-09-2019. Charge sheet has already been submitted. As per allegation made in the FIR, petitioners are said to have assaulted the deceased with fist and slaps. Co-accused Md. Razzak is alleged to have given iron rod blow over the neck of the deceased. The postmortem report also shows that there was only single external injury on the neck of the deceased caused by hard and blunt substance.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioners named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Bibek Mishra, learned Judicial Magistrate-Ist Class, Supaul in connection with Marauna P.S. Case No. 98 of 2019. (Sudhir Singh, J) A.K.V.//- U T