Md. Alauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44390 of 2019 Arising Out of PS. Case No.-104 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Alauddin Son of Late Md. Moin @ Moinuddin Resident of VillageSadaruddinchak, Police Station- Habibpur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 328, 302 of the Indian Penal Code.
Allegation is that co-accused Md. Mannu is suspected to have administered poison to the son of the informant resulting in his death.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.02.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The informant is not an eye witness to the alleged occurrence. Merely a suspicion has been raised by the informant in her re-statement made before the police. Except for suspicion,
Patna High Court CR. MISC. No.44390 of 2019(2) dt.19-07-2019 2/2 there is no other substantive evidence to suggest their implication in the present case. Other co-accused has been granted bail vide Annexure 2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XII, Bhagalpur in connection with Habibpur P.S. case No.104 of 2017.
(Sudhir Singh, J) Narendra/- U T