Md. Nabi Alam @ Bhondu @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36782 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== MD. NABI ALAM @ BHONDU @ SONU, Male, aged about 25 years, S/o Fazal Hussain @ Md. Fazal Hussain, Resident of A1- Gayas Nagar, Phulwarisharif, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sayed Imran Ghani, Advocate.

For the Opposite Party :

Mr.Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 19.04.2018 in a case for the offence registered under Sections 302, 120(B)/34 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the son of the informant was running a Chicken Shop and he used to open the shop in the morning and on 13.04.2018 as usual he came to the house at about 8.30 P.M. Someone called on his Mobile and he left his house taking his Mobile. It is also alleged that the next day in the morning, his elder son went outside and he heard hulla and came back and informed that some criminals have committed murder of his brother.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.36782 of 2019(2) dt.27-06-2019 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. Other coaccused has been granted bail by anther Co-ordinate Bench of this Court vide Cr. Misc. No. 5645 of 2019 order dated 22.04.2019.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Patna, in connection with Phulwarisharif P.S. Case No. 273 of 2018.

It is further directed that the petitioner shall cooperate during trial. U.K./- (Sudhir Singh, J) U T