Muzaffar @ Bechan @ Muzaffar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44974 of 2018 Arising Out of PS. Case No.-207 Year-2017 Thana- ARARIA District- Araria ====================================================== Muzaffar @ Bechan @ Muzaffar Ali S/o Salauddin, R/o Vill.- Sisouna, Gaiyari, P.S.- Araria, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with S.T. No. 287 of 2017 arising out of Araria P.S. Case No. 207 of 2017 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant is the cousin brother of deceased who in his fardbeyan has stated that the deceased 10-12 days before had taken housing loan from Bandhan Bank and was constructing his house and Tanveer, Muzaffar @ Bechan (petitioner) and Bablu Yadav were helping him for constructing the house. There was some deviation in the wall upon which there was altercation between his deceased cousin brother and labourers. Thereafter all the three had gone to purchase bricks after taking Rs.

Patna High Court Cr.Misc. No.44974 of 2018(2) dt.01-08-2018 2/3 10,000/- alongwith his deceased cousin brother, but thereafter he did not return and in the evening his dead body was found and it has been alleged that all the three persons have killed his cousin brother by throttling.

It has been submitted on behalf of the petitioner that earlier the bail of the petitioner was rejected vide order dated 15.01.2018 passed in Criminal Miscellaneous No. 59523 of 2017 with a direction to the trial court to conclude the trial of the petitioner within a period of six months but the trial of the petitioner has not been concluded as yet and only two prosecution witnesses have been examined. It has further been submitted that similarly situated co-accused Tanveer against whom there is similar allegation in the FIR has been granted bail by a co-ordinate bench of this Court vide order dated 20.06.2018 passed in Criminal Miscellaneous No.26917 of 2018. Petitioner has got no criminal antecedent and is in custody since 02.04.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Araria, in connection with S.T.

Patna High Court Cr.Misc. No.44974 of 2018(2) dt.01-08-2018 3/3 No. 287 of 2017 arising out of Araria P.S. Case No. 207 of 2017.

(S. Kumar, J) ranjan/- U