Md. Shamsad @ Shamsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51861 of 2015 Arising Out of PS.Case No. -844 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== Md. Shamsad @ Shamsad son of Late Samad, resident of Village- Sharif Nagar Ward No. 04, Police Station and District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. A.M.P.Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Araria P.S. Case No. 844 of 2014 instituted for the offences punishable under Section 302/34 of the Indian Panel Code. As per prosecution case, the informant Samrun Nishan alleged that her husband was working as driver and he was driving the vehicle of Ranger of Forest Department. After retirement of Ranger he was working at Zero Mile Araria in a shop of cycle repairing and he used to take Alcohol, Ganja and Bhang. On 20.12.2014, when the informant was giving dinner to her husband in the meantime a man called her husband. Her husband went with that man. Thereafter, her husband was found murdered at Araria

Patna High Court Cr.Misc. No.51861 of 2015 (3) dt.10-02-2016 2/2 Bazar. It is alleged that petitioner is one of the accused. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. On the basis of suspicion, the petitioner has been made accused in the present case. There is no eye-witness to the alleged occurrence. There is no substantive evidence to suggest his implication in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks from today, 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 the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 844 of 2014, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) ajaypd./- U T