Md. Masum Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13080 of 2023 Arising Out of PS. Case No.-458 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== MD. MASUM ALAM S/o Md. Yasin R/o village- Hirauli, P.S.- Pupri, DisttSitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhubala Verma For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. It is a case of commission of murder to the informant's husband by some unknown miscreants and his dead body was thrown in Adhwara river.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. No one is the eye witness of the alleged occurrence. The name of the petitioner has been taken in restatement of the informant on the basis of suspicion as deceased was the tractor driver of the petitioner and on account of payment of wages, there was a dispute between them. During
Patna High Court CR. MISC. No.13080 of 2023(3) dt.23-06-2023 2/2 investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 25.11.2022.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sitamarhi in connection with Pupri P.S. Case No. 458 of 2022. (Sunil Kumar Panwar, J) sushma/- U