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Patna High CourtCR. MISC./44289/2015bail granted

Md. Akbar @ Md. Akhtar v. The State Of Bihar

2016-01-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44289 of 2015 Arising Out of PS.Case No. -90 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Md. Akbar @ Md. Akhtar son of Md. Nathuni, resident of villageKharka, P.S. Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and in course of investigation, not only informant but some other witnesses also claimed to have identified the petitioner as well as one co-accused, Ram Das.

Submission on behalf of the petitioner is that coaccused, Ram Das is co-villager of the petitioner and as a matter of fact, co-accused, Ram Das was working as mason in the house of the informant prior to the alleged occurrence and some dispute took place between them and that is the reason of false implication of the petitioner and co-accused, Ram Das.

The investigation of this case has already been

Patna High Court Cr.Misc. No.44289 of 2015 (3) dt.05-01-2016 2/2 completed and nothing has been recovered either from conscious possession or from the house of the petitioner. Petitioner does not have any criminal antecedent and is languishing in jail custody since 06.06.2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 90 of 2013.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T