Patna High CourtCR. MISC./29410/2019bail granted

Tafazul Hussain v. The State Of Bihar

2019-08-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29410 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== Tafazul Hussain Son of Md. Mustafa Resident of Village - Siraha, P.S.- Pakridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120B, 379, 506/34 of the Indian Penal Code. Allegation is that the accused persons along with 5-6 unknown persons assaulted the husband of the informant, due to which he sustained injury and later succumbed to the injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this 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 confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest

Patna High Court CR. MISC. No.29410 of 2019(3) dt.17-08-2019 2/2 his implication in this case. There is no eye witness to the alleged occurrence. Other co-accused have been granted bail vide Cr.Misc.No.50092 of 2019 and 24145 of 2019. 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, 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 A.C.J.M.-V, East Champaran at Motihari in connection with Pakrideyal P.S. case No.218 of 2018.

(Sudhir Singh, J) Narendra/- U T