Raj Mohammad @ Raj Mahmmad @ Rajmahammad Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37556 of 2020 Arising Out of PS. Case No.-153 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== RAJ MOHAMMAD @ RAJ MAHMMAD @ RAJMAHAMMAD MIYA, S/o Mukul Miya R/o Village- Hardiya, Purwari Tola, Ward No.- 15, P.S.- Bettiah Mufassil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-05-2021 Heard Mr. Sanjeev Kumar Srivastava, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bettiah Mufassil P. S. Case No. 153 of 2020, instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

On 09.04.2021, this Court had called for the case-diary and had granted provisional anticipatory bail to the petitioner.

The husband of the informant who had gone

Patna High Court CR. MISC. No.37556 of 2020(3) dt.27-05-2021 2/3 out to purchase medicines never returned. Later, his dead-body was recovered. The suspicion was raised on Ish Mohammad, who is the brother of the petitioner, because of the land dispute between his family and the family of the deceased.

The learned counsel for the petitioner has submitted that in the entire police papers nobody has claimed to have seen the occurrence. All the family members of the deceased have only stated that they heard about the dead-body of the deceased lying somewhere and simultaneously they expressed suspicion over the family members of aforesaid Ish Mohammad. The petitioner, as noted above, is a brother of aforesaid Ish Mohammad and has got no concern with the dispute between Ish Mohammad and the deceased. For the paucity of any evidence against the petitioner at this stage, this Court is inclined to confirm the provisional bail of the petitioner.

The provisional bail of the petitioner is, hereby,

Patna High Court CR. MISC. No.37556 of 2020(3) dt.27-05-2021 3/3 confirmed. The petitioner shall remain on the same bailbonds. The application stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T