Md. Rustam v. The State Of Bihar

Patna High Court Cr.Misc. No.37119 of 2014 (03) dt.13-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37119 of 2014 Arising Out of PS.Case No. -136 Year- 2013 Thana -HAYAGHAT District- DARBHANGA ====================================================== Md. Rustam .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Kamran For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Deceased, Sarwan Kumar Sah, a motorcycle mechanic proceeded to Darbhanga along with Md. Amirul on 25.11.2013 at about 4.00 p.m. and then thereafter, became traceless. On the following day, his dead body was found in a pool of blood. Though, the petitioner is named in the first information report, however, without any specific allegation, save and except that Md. Amirul and Md. Rustam (petitioner) have talked before departure. During course of investigation, as is evident from the case diary in evasive manner, the witnesses have stated that about 15 days ago on the point of repairing of motorcycle, there was an altercation in between petitioner and deceased. It is also apparent that some sort of disclosure has also

Patna High Court Cr.Misc. No.37119 of 2014 (03) dt.13-04-2015 been made by the co-accused Md. Amirul by way of inculpatory extra-judicial confessional statement.

Thus, petitioner Md. Rustam is directed to 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, Darbhanga in connection with Hayaghat P. S. Case no.136 of 2013, in event of his arrest/ surrender within four weeks subject to condition as is incorporated under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) Vikash/- U T