Patna High CourtCR. MISC./41205/2016bail granted

Meraz Alam v. The State Of Bihar

2016-10-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41205 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Meraz Alam S/o Bikau Miyan R/O Village- Pandey Parsa, P.S.- Phulwariya, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner is named in the first information report with accusation that on 21.10.2015, he came at the residence of the deceased and took the deceased from his house and, after that deceased did not return, as a result of which the informant lodged the present case on 23.10.2015.

The impugned order goes to show that in course of investigation, almost all the witnesses have supported the above stated story and further the impugned order goes to show that the dead body of the deceased was recovered from a field. The petitioner was arrested and confessed his guilt

Patna High Court Cr.Misc. No.41205 of 2016 (3) dt.04-10-2016 2/2 disclosing the manner in which the deceased was killed. Learned counsel for the petitioner submits that except the above stated facts, there is nothing against the petitioner and, therefore, even if the aforesaid story is assumed to be true, then also, it is only a case of last seen. It is further submitted that petitioner is in jail custody 25.10.2016 and investigation against him has already been completed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Phulwaria P.S.Case No. 142 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T