Mohammad Kayamuddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9214 of 2016 Arising Out of PS.Case No. -66 Year- 2009 Thana -SARAIYA District- MUZAFFARPUR ======================================================
1. Mohammad Kayamuddin Son of Late Mohammad Sadik
2. Mohammad Rahman Son of Late Mohammad Sadik
3. Mohammad Raju Son of Mohammad Kayamuddin All resident of village - Pokhraira, P.S. Saraiya, ( O.P. Jaitpur ), District - Muzaffarpur at Present residing at Bagha Jyotin, Patli Ghosh Para, P.S. Patli, District Jadavpur, West Bengal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302/201/34 of the Indian Penal Code. Allegation against the petitioners is that they killed son of the informant and his body was disappeared.
It is submitted on behalf of the petitioners that they have got no criminal antecedent. They have been named in the F.I.R. merely on the basis of suspicion. From perusal of the case diary it is evident that there is no circumstantial evidence to suggest implication of these petitioners.
On behalf of the State, it is submitted that there is no substantive piece of evidence against the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.9214 of 2016 (3) dt.12-04-2016 2/2 learned Sub-Divisional Judicial Magistrate, West Muzaffarpur, in connection with Saraiya P.S. Case no. 66 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T