Md. Masraff v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26023 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================
1. Md. Asraff Son of Md. Mansoor Alam
2. Md. Daud Son of Islam Both resident of village- Basantpur, P.S.- Mansahi, District- Katihar .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.31110 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Md. Masraff son of Md. Mansoor Alam Resident of village- Basantpur, P.S. Mansahi, District-Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.26023 of 2016) For the Petitioner/s : Md. Musowir For the Opposite Party/s : Mr. Anuj Kumar Srivastava (In Cr.Misc. No.31110 of 2016) For the Petitioner/s : Md. Musowir For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under sections 302, 120B/34 of the Indian Penal Code.
Allegation against the petitioners is of killing the son of the informant.
It has been submitted on behalf of the petitioners that they are in custody since 6.4.2016. Charge sheet has been submitted
Patna High Court Cr.Misc. No.26023 of 2016 (5) dt.19-10-2016 against the petitioners. The petitioners have no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioners. As per F.I.R. it is a case of last seen. There is no motive alleged against the petitioners. There is no substantive evidence to suggest their implication in the present case.
On behalf of the State, it is submitted that the petitioners are named in the First Information Report.
Considering the aforesaid facts and circumstances, let the abovenamed petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Katihar (Town) P.S.Case No. 129/2016. F.S.L. report received be returned to the Director, F.S.L., Patna forthwith under seal cover.
(Sudhir Singh, J) Surendra/- U