Md. Sabbir @ Md. Shabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28361 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== Md. Sabbir @ Md. Shabbir (M), aged about 35 years, Son of Md. Ali Hussain @ Mohammad Alihasan, Resident of Village- Bishanpur Dutta, Ward No.16, Police Station- Banmankhi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Banmankhi P.S. Case No. 192 of 2018 registered under Sections 302, 201, 120-B/34 of the Indian Penal Code. The prosecution case is that on 19.09.2018, the husband of the informant did not return to his house after labour work. Informant tried to make contact with her husband on mobile but informant failed to make contact with her husband. On 20k.09.2018 at 6.00 P.M., informant received informtion that dead body of her husband is lying near Railway crossing, Banmankhi Sugar Mill. On this information, informant went there and saw the dead body of her husband, namely, Subhan. It

Patna High Court CR. MISC. No.28361 of 2019(3) dt.17-07-2019 2/2 is alleged that her neighbour, namely, Md. Nazam, Md. Azim, Md. Shabbir and Md. Zubaire and three unknown in furtherance of their common intention of all hatching a conspiracy committed the murder of her husband.

There is no allegation against the petitioner. In paragraphs 62, 63 and 64 of the case diary, there is no eye witness regarding involvement of this petitioner. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six 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 A.C.J.M., Purnea in connection with Banmankhi P.S. Case No. 192 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T