Md. Shamshir Alam @ Md. Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37699 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- BANKA District- Banka ====================================================== Md. Shamshir Alam @ Md. Shamsher, Son of Md. Ulfat, Resident of Village - Barahat Durga Pokhar, P.S.- Barahat, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-08-2019 Heard Mr. Y.V. Giri, learned Senior Counsel for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Banka (Barahat) P.S. Case No.121 of 2019 for allegedly having committed the offence under Sections 363, 365, 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is based on pure suspicion and there is nothing on the record to indicate that the petitioner had any role to play. It is an admitted position that a small boy Md. Rehan and one Md. Sartaz were plucking papaya and on alarm being raised by Md. Konain, they both ran away and after four days, dead body of Md. Rehan was found in the well. It is

Patna High Court CR. MISC. No.37699 of 2019(3) dt.23-08-2019 2/2 further submitted that there is nothing on the record to indicate that the petitioner had any enmity with the informant's side and that he had any role to play in chasing away the children from the place of occurrence. The only thing to be considered is that the father of the petitioner is the owner of Papaya field and save and except the said connection, there is no other indication of the petitioner's involvement.

Considering the remoteness of the allegation against the petitioner and there is nothing specific available in the case diary which has come and he has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Banka (Barahat) P.S. Case No.121 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T