Rashid @ Gore @ Md. Rashid Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60682 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Rashid @ Gore @ Md. Rashid Raza S/o Md. Naseem Akhatar @ Lalbabu, R/o Village- Dhurwar, P.S.- Parsauni, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram deo Singh Mr. Madhubala Verma For the Informant : Mr. Anil Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 04.08.2017 in connection Parsauni P.S. Case No. 55/2017 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that save and except the fact of "last seen" having been alleged against the petitioner, there is no further material in the case diary to implicate him in connection with the occurrence as has been detailed in the First Information Report.

Learned counsel appearing on behalf of the informant, however, submits that the petitioner as well as one

Patna High Court Cr.Misc. No.60682 of 2017 (3) dt.18-01-2018 2/2 other person had come to the house of the petitioner and taken him away on the motorcycle along with three other unknown persons. Thereafter, the dead-body of the son of the informant was recovered the following day and it can be concluded that the petitioner along with the other co-accused had taken him away and had killed him.

Learned counsel for the State after perusal of the case diary submits that save and except the statement of the informant regarding the issue of "last seen" with the deceased, there is no other material in the case diary to support the allegation of the informant.

Having considered all the facts and circumstances of the case and taking into consideration that the petitioner has got no criminal antecedent and has been languishing in jail for almost six months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Parsauni P.S. Case No. 55/17.

(Anjana Mishra, J) Saif/- U T