Gulfam Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62804 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Gulfam Mian, Son of Nadir Mian, Resident of Village- Hayatpur, Police Station- G.B. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard the parties.

The petitioner seeks bail in Goriakothi P.S.Case No.131 of 2017 registered for the offence under Sections 341, 324, 448, 302 and 307/34 of Indian Penal Code.

Accusation is that while in the night of 13.6.2017 the informant along with her husband was sleeping in her maike four F.I.R. named accused persons came on motor cycle and stabbed in the chest of her husband and opened fire on her brother causing injury on his neck as a result of which her husband died and her brother sustained grievous injury on his neck and upon alarm raised by the informant and her family members all the accused persons fled away.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.62804 of 2018 (2) dt.12-10-2018 2/2 petitioner is that the petitioner is not named in the F.I.R. But subsequently he has been implicated on the basis of confessional statement of co-accused Alif Raza before the police. He has been made accused only on suspicion. During investigation not a single witness has named this petitioner. The informant who claims to be an eye witness has named only four persons and not this petitioner. The petitioner is in custody since 26.06.2018 having no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Siwan, in Goreakothi P.S.Case No.131 of 2017.

(S. Kumar, J) AnilKrSinha/- U