Futush Modi @ Fantoosh Modi @ Niwas Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6721 of 2022 Arising Out of PS. Case No.-198 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== FUTUSH MODI @ FANTOOSH MODI @ NIWAS MODI Son of Sri Gopal Modi Residing at Modi Tola, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 201 of the Indian Penal Code.

As per the prosecution case, the son of informant went out of his house but he did not return. Later on his dead body was found near a stadium leading to registration of FIR against unknown.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the re-statement of informant in which she raised suspicion against this petitioner and other accused persons because prior to the occurrence an altercation took place between the deceased and

Patna High Court CR. MISC. No.6721 of 2022(2) dt.07-04-2022 2/2 this petitioner and other accused persons and they threatened the deceased to kill him and except suspicion there is no other material to suggest the complicity of this petitioner in the aforesaid crime. There is no eye witness to the occurrence. Petitioner claims clean antecedent and is in custody since 28.08.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Sultanganj PS case No.198/2020. (Prabhat Kumar Singh, J) BKS/- U T