Md. Afzal @ Afzal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24607 of 2020 Arising Out of PS. Case No.-274 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Md. Afzal @ Afzal Son of Late Anwar @ Anwar Resident of Village- Turkaili Ward No. 11, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Jokihat (Mahalgaon) P.S. Case No. 274/2018 (G.R. No. 2936/2018) for the offence under Sections 302, 201/34 of the I.P.C. As per the prosecution case, husband of the informant had gone out of his house, but did not return and when the informant tried to contact him on mobile phone, the same was found "Switched Off" and thereafter, the informant was informed that the dead-body of her husband is lying in a field. It is further claimed by the informant that Md. Rabesh with his associates have committed the murder of her husband, since there was some money dispute between co-accused Md. Rabesh and her husband.

It is submitted on behalf of petitioner that F.I.R. has been lodged against co-accused Md. Rabesh and unknown.

Patna High Court CR. MISC. No.24607 of 2020(2) dt.07-10-2020 2/2 Name of petitioner has transpired on the basis of confessional statement of co-accused Ramchandra Sahni, in which, only suspicion has been raised against petitioner. Save and except confessional statement of co-accused, there is no other material against petitioner to connect him with this case. It is further submitted that F.I.R. named co-accused Md. Rabesh has already been granted bail by this Court, vide order dated 17-10-2019 passed in Cr.Misc. No. 60664 of 2019. Petitioner has no criminal antecedent, as stated in paragraph - 3 of the petition. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed.

In the event of his arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged 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 Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 274 of 2018 (G.R. No. 2936 of 2018), subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.)