Md Idu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51095 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== MD IDU S/o Jabbar Miyan Resident of Village- Parsa, P.S.- Sursand, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in a case for the offence registered under Section 302/201 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application with an observation "at this stage" taking into account that the prayer for bail of the similarly situated co-accused has already been rejected. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-02-2020. He has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge has already been

Patna High Court CR. MISC. No.51095 of 2021(3) dt.15-12-2021 2/2 framed. The petitioner is not named in the FIR. The name of the petitioner transpired in the case on the basis of self-confession of the petitioner made under Section-161 Cr.P.C. Further it is submitted that in course of investigation, this case was found to be of last seen against the petitioner. The other co-accused namely Md. Shagir Darjee with similar allegation has been granted bail by a coordinate bench of this court vide order dated 04-08-2021 passed in Cr. Misc. No. 31963 of 2021. 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 of the case, 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 Sri Kavindra Kumar, learned Judicial Magistrate-Ist Class, Pupri, Sitamarhi in connection with Sursand P.S. Case No. 34 of 2020. (Sudhir Singh, J) A.K.V.//- U T