Salim Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3751 of 2018 Arising Out of PS.Case No. -499 Year- 2017 Thana -MANER District- PATNA ====================================================== Salim Miya S/o Jahir Miya, R/o Village- Gyaspur, P.S.- Maner, DistrictPatna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Maner P.S. Case No. 499 of 2017 for offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that the deceased Manish Kumar was gone to the market but did not return. His dead body was found on the next day near the field. It is alleged that the petitioner along with two others had threatened to kill the nephew of the informant Manish Kumar a few weeks back and must have killed his nephew. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated only
Patna High Court Cr.Misc. No.3751 of 2018 (3) dt.13-02-2018 2/2 on suspicion. He submits that there is no eye witness to the alleged occurrence and nothing has been recovered from the possession of the petitioner who is a government teacher. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur, District-Patna in connection with Maner P.S. Case No. 499 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) Devendra/- U T