Md. Adil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22417 of 2020 Arising Out of PS. Case No.-229 Year-2017 Thana- TATARPUR District- Bhagalpur ====================================================== MD. ADIL Son of Md. Rehan Resident of Mohalla- Tatarpur infront of Jain Petrol Pump Loom Gali, P.S.- Tatarpur, District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the State :

Mr. Ram Priya Sharan Singh, P.P. Incharge ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner as well as learned P.P. Incharge Mr. Ram Priya Sharan Singh appearing for the State.

Petitioner is languishing in jail custody since 04.04.2019 in connection with Tatarpur P.S. Case No. 229 of 2017 registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and 27 of the Arms Act. Admittedly, informant is not an eye witness of the alleged occurrence and he expressed his suspicion against the petitioner and others on the ground that prior to the alleged occurrence deceased had lodged a criminal case against the petitioner and others and after institution of the aforesaid case, petitioner and others were putting pressure upon the deceased to

Patna High Court CR. MISC. No.22417 of 2020(5) dt.29-01-2021 2/2 withdraw the aforesaid case but when deceased refused to buckle upon the pressure of the petitioner and others, deceased was killed by the petitioner and others.

Learned counsel appearing for the petitioner submits that no doubt, deceased had lodged criminal case against the petitioner and others but subsequently, deceased was also made accused in the aforesaid case and moreover, except suspicion there is nothing against the petitioner. Moreover, having more or less similar allegation, some co-accused have already been granted privilege of bail by different Benches of this court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-7th Bhagalpur in connection with Tatarpur P.S. Case No. 229 of 2017.

(Hemant Kumar Srivastava, J) shahzad/- U T