Patna High CourtCR. MISC./40174/2019bail granted

Firoj Khan @ Md. Firoj Khan @ Md. Firoj v. The State Of Bihar

2019-08-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40174 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- KANKARBAG District- Patna ====================================================== FIROJ KHAN @ MD. FIROJ KHAN @ MD. FIROJ, son of Md. Sahabuddin Resident of Chiriaitand Choaraha, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP For the informant :

Mr. Gajendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-08-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Kankarbagh P.S. Case No.25 of 2019 instituted for the offence under Section(s) 302/34 Indian Penal Code.

From the written report, it appears that occurrence has taken place on 15.11.2018 and the First Information Report has been lodged on 08.01.2019 without giving any valid explanation.

In the written report, it is alleged that petitioner along with Raushan Kumar took son of the informant on motorcycle. It is further alleged that at 7.00 PM the informant got information that her son has been done to death. She found dead

Patna High Court CR. MISC. No.40174 of 2019(3) dt.29-08-2019 2/2 body of her son lying on street near semi-constructed house. From the First Information Report, it appears that mere suspicion has been raised against the petitioner. There is no valid explanation for filing the case after delay of 45 days of the occurrence.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Judicial Magistrate, 1st Class, Patna, in connection with Kankarbagh P.S. Case No.25 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T