Md. Shamshad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9749 of 2018 Arising Out of PS.Case No. -177 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Shamshad Son of Late Md. Wahid @ Wahid Mian, Resident of Village-Masodha, P.S.-Kundwa Chainpur, District-East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III,Adv For the Opposite Party/s : Mr. Sri Shyam Bihari Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.
The informant is not an eye witness of the occurrence of murder of her husband. Suspicion is against two other persons.
During investigation, witnessDharamdeo Sah stated before the police that the petitioner and co-accused-Shamshad were going on a motorcycle and the deceased was coming from other side on a motorcycle. The motorcycle dashed, quarrel started and co-accusedSabir Hussain allegedly assaulted with sharp cutting weapon, causing death of the victim. Witness-Umesh Rai stated that Sabir Hussain and this petitioner, both had
Patna High Court Cr.Misc. No.9749 of 2018 (4) dt.09-04-2018 assaulted. Witness-Dinanath Sah stated that there was land dispute between the parties which was reason for the occurrence.
Considering the conflicting statement of the witnesses as well as completion of the investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ghorasahan Police Station Case No.177 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T