Md. Akhtar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34577 of 2022 Arising Out of PS. Case No.-55 Year-2020 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Md. Akhtar @ Chhotu Son of Md. Gani Resident of Village - Awgil Rampur (Hussaina), P.S.- Medni Chowki, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Medni Chowki P.S. Case No. 55 of 2020 lodged under Section 363 of the I.P.C. which was subsequently converted into Sections 302/201 of the I.P.C.

As per the prosecution case, informant's son who was sleeping on the roof become traceless from the morning of 21.06.2020 who was accused in a case and has been released on bail sometime back.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He further submits that on

Patna High Court CR. MISC. No.34577 of 2022(3) dt.19-09-2022 2/3 the basis of suspicion, name of different persons have come in this case and some of those persons have been granted anticipatory bail vide order dated 09.08.2021 passed in Cr. Misc. No. 3760 of 2021 and some of the persons have been granted regular bail vide order dated 16.03.2021 passed in Cr. Misc. No. 37479 of 2020.

Learned counsel for the petitioner submits that petitioner is in custody since 07.04.2022 having clean antecedent and charge sheet has already been filed in this case. Learned counsel for the State submits that from the order sheet, it transpires that after missing the dead body of the said son of the informant was recovered from the bush on 23.06.2020, he further submits that name of the petitioner has come on the confessional statement and there is a strong suspicion against them.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Lakhisarai in connection

Patna High Court CR. MISC. No.34577 of 2022(3) dt.19-09-2022 3/3 with Medni Chowki P.S. Case No. 55 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T