Patna High CourtCR. MISC./50620/2016bail granted

Md. Sarjiaf @ Md. Sarjiyaf v. The State Of Bihar

2017-01-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50620 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Md. Sarjiaf @ Md. Sarjiyaf Son of Late Md. Akhlaque, Resident of Village- Khanpur, P.S.- Pirpainti, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purushottam Kumar Das, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the I.P.C. The prosecution case, in brief, is that on information the informant A.S.I. along with police party reached near a well and found a dead body of unknown person thrown in a well along with his clothes.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.1.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of the co-accused. The other co-

Patna High Court Cr.Misc. No.50620 of 2016 (3) dt.16-01-2017 2/2 accused has been granted bail vide Cr.Misc.No.54642 of 2016. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Bhagalpur in connection with S.T. No.468 of 2016.

(Sudhir Singh, J) Narendra/- U T