Shamshul @ Shamsul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22333 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ====================================================== Shamshul @ Shamsul Haque son of Late Faizuddin Resident of Village Gachhpara, P.S. & District Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Shyam Kr.Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and Sri Shyam Kumar Singh, learned A.P.P.

The petitioner, who is in custody since 5.3.2015 in connection with Kishanganj P.S. Case No. 70 of 2015, registered for the offence under Section 302/ 34 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that only on suspicion petitioner has been made accused along with other persons. He further submits that even during investigation no cogent material has been brought on record to suggest as to whether the deceased was even lastly seen with the petitioner or not.

Learned A.P.P. submits that in the case diary some of

Patna High Court Cr.Misc. No.22333 of 2015 (3) dt.09-10-2015 2/2 the witnesses have reiterated the stand taken in the F.I.R. However, F.I.R. itself indicates that it was lodged on suspicion only.

In view of the facts and circumstances, particularly the fact that petitioner has been made accused on suspicion only, let the petitioner namely, Shamshul @ Shamsul Haque be enlarged 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, Kishanganj, in connection with Kishanganj P.S. Case No. 70 of 2015. (Rakesh Kumar, J) Praful/- U T