Patna High CourtCR. MISC./47863/2018bail granted

Md. Gulzar @ Gulzar v. The State Of Bihar

2018-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47863 of 2018 Arising Out of PS.Case No. -5 Year- 2013 Thana -PALASI District- ARRARIA ======================================================

1. Md. Gulzar @ Gulzar S/o Late Jharul Baks, R/o Vill.- Gamharia, P.S.- Tedhagach, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section302 of the Indian Penal Code. The prosecution case, in brief, is that brother of the informant was attacked by unknown person who inflicted knife blow, as a result of which, informant's brother sustained injury and later on, succumbed to the injuries.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-06-2018 and the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case merely on the basis of suspicion. There

Patna High Court Cr.Misc. No.47863 of 2018 (3) dt.13-09-2018 is no other substantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 learned Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 5 of 2013.

(Sudhir Singh, J) A.K.V./- U T