Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42269 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Md. Chand Son Of Late Md. Bashir @ Kale @ Vasir Ahmad Resident Of Village Bada, Ps- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abinash Narayan For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/201 of the Indian Penal Code.

It is a case of commission of abduction and thereafter murder to the informant's son and his dead body was thrown in pond by the accused persons.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is a case of last seen. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the present case. During investigation, no consistent material has come against the

Patna High Court CR. MISC. No.42269 of 2023(3) dt.09-08-2023 2/2 petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 4.3.2023.

The application for bail is opposed by learned APP for the State and submitted that as per postmortem report, death was caused by asphyxia leading to cardiac respiratory failure as a result of drowning.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, Sitamarhi in connection with Bela PS Case No. 26 of 2023.

(Sunil Kumar Panwar, J) sushma/- U