Md. Sattar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12748 of 2020 Arising Out of PS. Case No.-218 Year-2019 Thana- CHAKAI District- Jamui ====================================================== MD. SATTAR (Male), aged about 76 years, S/o Late Mathru Mian, R/o village- Garhi Gehanzar, P.S.- Chakai, District- Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rana Vikram Singh, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363, 365/34 of the IPC. Later on, Sections 302 and 120(B) of the IPC were also added. The prosecution story, in brief, is that on 04.12.2019 the husband and son of the informant went to Jamui but he did not return. She further alleged that her co-villagers Parvej Alam, Md. Rais, Md. Aslam, Md. Rizwan and Md. Sattar (petitioner). The informant further alleged that the aforesaid persons might have kidnapped and killed her husband because there is a case going on between them under POSCO Act and they have also demanded Rs. 7,00,000/- from him. Later on, dead body of her husband was recovered on 06.12.2019.

Patna High Court CR. MISC. No.12748 of 2020(2) dt.05-03-2020 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 17.12.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has come in the present case only on the basis of suspicion made by the informant in respect of the abduction of the deceased. Except for this, neither there is substantive evidence to suggest the implication of the petitioner in the present case nor circumstantial evidence to suggest the participation of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M.- III, Jamui in connection with Chakai P.S. Case No. 218 of 2019. (Sudhir Singh, J) U.K./- U T