Patna High CourtCR. MISC./40151/2016bail granted

Md. Khurshid v. The State Of Bihar

2016-11-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40151 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Md. Khurshid, S/o Md. Ashik R/o Village- Baju Bigaha, P.S.- Guraru District- Gaya (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302/34 of the Indian Penal Code.

Petitioner is not named in the first informant report but admittedly, none has seen the actual killing of the deceased and the informant expressed his suspicion against the petitioner as the petitioner had gone along with the deceased on the alleged date of occurrence. In course of investigation, some witnesses claimed that the deceased had illicit relation with daughter of the petitioner and that was the reason, the petitioner committed murder of the deceased. The petitioner was arrested in course of investigation and allegedly, made his confessional statement before the police.

Patna High Court Cr.Misc. No.40151 of 2016 (4) dt.19-11-2016 2/2 Submission on behalf of petitioner is that except suspicion, there is nothing against the petitioner and as a matter of fact, while the petitioner and the deceased were going by tempo, the tempo met with an accident, in which, the deceased sustained injuries resulting his death and the petitioner, too, sustained minor injuries.

Considering the above-said facts and circumstances of the case as well as submission of the parties and also, taking note of this fact that the investigation against the petitioner has already been completed, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rafiganj P.S. Case No. 72 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad. (Hemant Kumar Srivastava, J) A.K.V./- U T