Md. Mumtaz v. The State Of Bihar

Patna High Court Cr.Misc. No.18701 of 2017 (3) dt.23-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18701 of 2017 Arising Out of PS.Case No. -375 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Md. Mumtaz, son of Sheikh Noor Mohammad, Resident of VillageSharma, P.S.- Mahua, District- Vaishali..... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Mahua P.S. Case No. 375 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, Birchand Thakur, the son of the informant, went at the house of the petitioner, thereafter, he did not return. It is alleged that he was having love affairs with the daughter of the petitioner and the dead body was found 500 yards away from the house of the petitioner.

Submission is of false implication and that besides suspicion there is nothing against the petitioner, no one has seen killing the deceased, no one has seen throwing of the dead body of the deceased, there is no eye witness of the occurrence and only on weak circumstantial evidence which is based on suspicion the

Patna High Court Cr.Misc. No.18701 of 2017 (3) dt.23-06-2017 petitioner is suffering in custody since 22.12.2016. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of 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, Vaishali at Hajipur in connection with Mahua P.S. Case No. 375 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T