Samim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7312 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- ANGARH District- Purnia ====================================================== Samim Akhtar Son Of Late Abdul Bashir @ Late Jahiruddin R/O VillagePeer Gachi, P.S.- Angadh, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Angarh P.S. Case No. 22 of 2021 instituted for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code Learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. As per the prosecution case, on 30.08.2021 at about 10:00 am, when the father of informant went to demand his dues from co-accused Mahbool Hussain and Tahmid Alam @ Lal Babu, then they started abusing and some scuffle took place between them, which was pacified by the villagers. It is further alleged that on the same night at about 10:30 pm, father of the informant was taken away by co-accused Liyakat Ali from his house and thereafter, father of the informant did not return home and on 01.09.2021, the dead-body of father of the informant was

Patna High Court CR. MISC. No.7312 of 2022(2) dt.16-06-2022 2/2 found lying in a paddy field. The informant suspects that all the F.I.R. named accused have killed his father. It is submitted on behalf of petitioner that informant is not eye-witness to the occurrence and only on suspicion, the petitioner has been made accused and there is no whisper against him. Further, it is submitted by the learned counsel for the petitioner that similarly situated other co-accused namely, Md. Alam @ Sarkar Alam accused no. 7 in the F.I.R. has been granted bail by a Co-ordinate Bench of this Court vide order dated 25.03.2022 passed in Cr. Misc. No. 2800 of 2022. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.09.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Angarh P.S. Case No. 22 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T