Patna High CourtCR. MISC./1106/2017bail granted

Kalandar @ Md. Nasiruddin And ANR v. The State Of Bihar

2017-01-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1106 of 2017 Arising Out of PS.Case No. -116 Year- 2013 Thana -KODHA District- KATIHAR ======================================================

1. Kalandar @ Md. Nasiruddin Son of Kalimuddin

2. Farid @ Farid Alam Son of Kalandar @ Md. Nasiruddin, both are resident of village- Haji Mehrullah Tola, P.S. Korha, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Korha P.S. Case No. 116 of 2013 for the offences instituted under Sections 147, 148, 149 and 302 of the Indian Penal Code.

There is allegation against the accused persons including these petitioners for committing murder of the husband of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. They have falsely been implicated in the present case.

Patna High Court Cr.Misc. No.1106 of 2017 (2) dt.13-01-2017 2/2 The petitioners have been made accused merely on the basis of suspicion. There is no other substantive evidence to suggest their implications in the present case. The other co-accused have been granted bail vide Annexure-2 series to the present application. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Korha P.S. Case No. 116 of 2013 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T