Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4797 of 2018 Arising Out of PS. Case No.-131 Year-2017 Thana- GORIAKOTHI District- Siwan ====================================================== Kalam, Son of Md. Nadir @ Nadeem Mian @ Nadir Miyan, Resident of Village- Hayatpur, Police Station- G.B. Nagar, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Goreakothi P.S.Case No. 131 of 2017 registered under Sections 302, 307, 324, 341 and 448 of the Indian penal Code and 27 of the Arms Act.

Allegation in brief is that while the informant's husband and his brother were sleeping at night, her husband was stabbed in the chest and his brother was shot at his neck by some miscreants and the informant identified them while retreating back in the light of bulb, but all escaped away and the informant's husband succumbed to injury.

Submission is that petitioner is the resident of another village and was not acquainted with the informant so identity of him itself is suspicious and the petitioner has no motive to kill her husband. It is further submitted that allegation is that

Patna High Court Cr.Misc. No.4797 of 2018(4) dt.13-04-2018 2/2 accused persons also fired but no fire arm injury is found on the person of the brother of the deceased though injured, and only one stab injury was found on the person of the deceased and petitioner is in custody since 10.07.2017.

Having considered the aforesaid facts and circumstances, the petitioner, namely , Kalam is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with Goreakothi P.S. Case No. 131 of 2017.

(Arun Kumar, J) sujit/- U T