Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28890 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== Sajjad Son of Mehdee Miya Resident of Village - Murli Parsauni, P.S.- Bathan, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Ramgarhwa P.S. Case No. 26 of 2018 registered for the offence punishable under Sections 302, 201, 379/34 of the Indian Penal Code.

The Scorpio vehicle of the husband of the informant was looted and her husband was eliminated by some unknown miscreants.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. No incriminating article has been recovered from conscious physical possession of the petitioner. He has been falsely

Patna High Court CR. MISC. No.28890 of 2019(2) dt.03-05-2019 2/2 implicated in this case due to suspicion. There is no eye witness of the occurrence. Petitioner is not named in the FIR. There is nothing cogent to indicate the complicity of the petitioner in the occurrence barring the confessional statement of co-accused persons which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, Champaran in connection with Ramgarhwa P.S. Case No. 26 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T