Md. Habibur Rahman @ Habibur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36819 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -MANSAHI District- KATIHAR ======================================================
1. Md. Habibur Rahman @ Habibur Rahman Son of Amjad Ali resident of village - Kursel Bandh Tola, P.S. Mansahi, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 342, 323, 324, 307/34 of the Indian Penal Code. The prosecution case in, brief, is that on 15.3.2015 at about 10.30 P.M., the petitioner and others came in the river Karikoshi and started fishing and when the informant raised alarm then he was assaulted and co-accused pushed him on the ground and the petitioner sat on his chest and wanted to cut his neck. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.6.2015. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. The petitioner has got no
Patna High Court Cr.Misc. No.36819 of 2015 (3) dt.07-10-2015 2/2 criminal antecedent. The time of occurrence is about 10.30 in the night. The prosecution has not disclosed the source of identification, which casts serious doubt upon the prosecution. On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.B.Roy, learned Judicial Magistrate, 1st Class, Katihar, in Mansahi P.S.Case no. 20/2015. (Sudhir Singh, J) singh/- U T