Md. Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53974 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Md. Rustam, Son of Md. Late Khurshid Alam, Resident of VillageLaxminia, Ward No.11, Police Station- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Upendra Kumar, A.P.P. For the informant : Mr. Nafisuzzoha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Triveniganj P.S. Case No. 101 of 2018 instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that petitioner is in custody since 2.7.2018. He has clean antecedent. In the written report mere suspicion has been raised against the petitioner.

Counsel for the informant has appeared and submitted that due to dispute of property with the deceased who was father of the petitioner, petitioner got him killed along with other

Patna High Court Cr.Misc. No.53974 of 2018 (3) dt.31-10-2018 2/2 accused persons.

Case diary has been received.

Learned A.P.P. has submitted that in the case diary it has come from the CDR report that petitioner was present near the place of occurrence.

In this manner from the written report as well as materials available in the case diary mere suspicion has been raised against the petitioner.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 learned Additional Chief Judicial Magistrate-1st, Supaul, in connection with Triveniganj P.S. Case No. 101 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T