Md. Sakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25797 of 2016 Arising out of PS.Case No. -263 Year- 2015 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Md. Sakib, Son of Md. Alam, resident of village - Gagan Diwan, Police Station Laheri, District - Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party : Mr. Sri Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 11.01.2016 in connection with Laheri P.S. Case No. 263 of 2015 for the offences instituted under Sections 302/34 of the IPC. The prosecution story, in brief, is that on 29.09.2015, the informant alongwith his family members was talking with each other in his house. All of sudden, the accused Munna Agent, Rajiya Shadab, Sakeb, Lalla, Amzad and Banti have come and took Suman Akhatar for doing electric work but Suman Akhatar could not return to his house during night hour. On 30.09.2015 during morning hour at about 5.00 A.M. some Mohalla people informed him that the dead body of Suman Akhatar is lying near

Patna High Court Cr.Misc. No.25797 of 2016 (4) dt.16-08-2016 2/2 the house of Pir Saheb. The informant identified the dead body of Suman Akhatar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.01.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. No specific allegation has been made against the petitioner. The other co-accused has been granted bail vide Annexure-2 to the present application.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 C.J.M., Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 263 of 2015. U.K./- (Sudhir Singh, J) U T