Chini Miya @ Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42528 of 2017 Arising Out of PS.Case No. -287 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Chini Miya @ Sarfaraz Son of Late Md. Raja Resident of Mohalla Sheikh Mohalla, Siwan PS Town District Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Diwakar Prasad Singh, Advocate. For the Opposite Party : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 17.07.2017 in connection with Siwan Town P.S. Case No. 287/2017 registered for the offences instituted under Sections 147, 148, 149, 341, 323, 504, 302, 120(B) of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on instigation of this petitioner, co-accused Intekhab Ahmad killed the son of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 17.07.2017. The charge sheet has been submitted in the present case. The petitioner

Patna High Court Cr.Misc. No.42528 of 2017 (2) dt.19-09-2017 2/2 has falsely been implicated in the present case due to mistake of fact. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is alleged to be an order giver. No allegation of assault is against this petitioner. It has been submitted by learned counsels for the State and the informant that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, 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 C.J.M. Siwan in connection with Siwan Town P.S. Case No. 287 of 2017. U.K./- (Sudhir Singh, J) U T