Md. Wali Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58493 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== MD. WALI ALAM SON OF LATE SABDUL R/O VILLAGE BABUWAGANJ, P.S. KHAGARIA, DISTRICT KHAGARIA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On 09-03-2015 informant had received telephonic call regarding presence of dead body of his father at G.R.P. Khagaria where he rushed and seen the dead body having multiple injuries. It has further been disclosed that his father was moneylender and had lended money to the different persons in the market. On 08.03.2015 at about 06:00 PM he proceeded from his house to collect money but did not return accordingly, FIR was registered against unknown. From the order impugned, it is evident that the learned lower court had referred two paragraphs, para-4 the further statement of the informant wherein he whispered with regard to petitioner vide in para-137, petitioner has been identified on the basis of last seen theory. In para-11 of the bail petition it has been incorporated that 137 happens to be copy of the supervision note of the Dy.SP.

Patna High Court Cr.Misc. No.58493 of 2015 (2) dt.05-02-2016 That being so, petitioner Md. Wali Alam is directed to 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 learned Railway Judicial Magistrate, Khagaria in connection with Khagaria Rail P.S. Case No.05/2015. (Aditya Kumar Trivedi, J.) PN/- U T