Hashim Miya @ Hasim Mian @ Mohammad Hasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9240 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== HASHIM MIYA @ HASIM MIAN @ MOHAMMAD HASIM Son of Rafik Naddaf Resident of Village - Gisara, Ward No.8, P.S.- Parsauni, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Parsauni P.S. Case No.73 of 2019, disclosing offences punishable under Sections 302, 120(B) of the Indian Penal Code. The son of the deceased is the informant. The deceased was allegedly killed while he was having his morning walk on the alleged date of occurrence on 06.10.2019. It is evident from the F.I.R. that there is no eyewitness of the occurrence. The petitioner and others have been named in the F.I.R. on suspicion in the background of certain incident which had taken place prior to the alleged occurrence. It appears that the accused persons have been named by the informant on the basis of the information which he could gather from the

Patna High Court CR. MISC. No.9240 of 2020(3) dt.01-06-2020 2/3 villagers.

Learned counsel appearing on behalf of the informant has submitted that there are enough materials in the case diary collected during the course of investigation, to demonstrate the petitioner's involvement in commission of offence. Learned counsel appearing on behalf of the petitioner has submitted that with same allegation co-accused Gaffar Nadaf has been allowed regular bail by this Court by an order dated 23.01.2020 passed in Cr. Misc. No. 5473 of 2020. The petitioner is in custody since 19.10.2019.

Considering the above submission and the fact that some of the similarly circumstanced co-accused persons have been granted regular bail by this Court, this application is allowed.

Let the petitioner above named 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 Judicial Magistrate 1st Class, Sitamarhi in connection with Parsauni P.S. Case No. 73 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T

Patna High Court CR. MISC. No.9240 of 2020(3) dt.01-06-2020 3/3