Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27383 of 2016 Arising Out of PS.Case No. -356 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Md. Faiyaz, Son of Md. Riyaz, resident of Mohalla- Thabai, Police StationBihar, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2016 A supplementary affidavit has been filed on behalf of learned counsel for the petitioner. The same may be kept on the record. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 03 of the petition in light of the supplementary affidavit.

Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 10.05.2016 in connection with Bihar P.S. Case No. 356 of 2015 for the offences instituted under Sections 302, 120(B) of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the informant's

Patna High Court Cr.Misc. No.27383 of 2016 (5) dt.22-09-2016 2/3 brother, Jitendra Kumar, was living at Professor Colony, Biharshariff, in rental house with his mother and Bhabhi. On 09.08.2015, his Bhabhi gave information on his Mobile that his brother, Jitendra Kumar has become seriously injured. On this information, the informant reached at Sadar Hospital, Biharsharif, where the informant came to know from his Bhabhi that Jitendra Kumar was found in injured condition in Professor Colony near the house of Niraj Kumar. The Doctor declared Jitendra Kumar dead. At the place of occurrence, some Election Card, Driving License, Cash memo, two ATM Cards were found which have been produced before the police. Two Samsung Mobiles have also been recovered from the Phulpant of the deceased Jitendra Kumar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.05.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the FIR. His name has come in the confessional statement of the co-accused before the police. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest his implication in the present case.

Patna High Court Cr.Misc. No.27383 of 2016 (5) dt.22-09-2016 3/3 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 Bihar P.S. Case No. 356 of 2015. U.K./- (Sudhir Singh, J) U T