Hasim Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45477 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Hasim Hussain S/O Phool Mohammad Rai @ Fulmahammad Ray R/O Village- Khajuriya (Rai Tola), Ps. Govindganj, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

3. As per allegation in the FIR, during patrolling duty, police party received a secret information about an unknown dead body lying in the field of Vinod Tiwary. A dupatta was wrapped around her neck within which ligature black mark was present around her neck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. From the bag of deceased a chit of paper containing several contact numbers including the petitioner. As per CDR, location of petitioner's mobile was found near the place of occurrence. On

Patna High Court CR. MISC. No.45477 of 2023(3) dt.12-09-2023 2/2 suspicion, police arrested the petitioner and his confessional statement was got recorded by the police and at his instance a mobile in burnt condition was recovered from hearth in his house. Save and except suspicion and self confessional statement, nothing has come against the petitioner to show his involvement in the present caes. Petitioner is not named in the FIR. No one is th e eye witness of the alleged occurrence. Petitioner has got no criminal antecedent and languishing in judicial custody since 5.3.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Govindganj P.S. Case No. 119 of 2023.

(Sunil Kumar Panwar, J) sushma/- U