Sk. Shamshul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45193 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Sk. Shamshul, Son of Late Shekh Hamid, Resident of Village- Beldiha, P.S- Sanokhar, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The informant admits in his written report that he reached on the place of occurrence after having heard the commission of murder of the deceased but before his arrival the petitioner and other accused had already left the place of occurrence. However, it appears from perusal of the impugned order that in course of investigation, the wife of deceased, who happens to be mother of the petitioner, claimed herself to be an eye witness of the alleged occurrence and she stated that it was coaccused Md Hamid, who gave dagger blow to the deceased and so far as petitioner is concerned, she only stated that he was only standing near the place of occurrence with Md Hamid.

Patna High Court Cr.Misc. No.45193 of 2015 (2) dt.29-09-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar P.S.Case No. 29 of 2015.

(Hemant Kumar Srivastava, J) Namita/- U T