Shakil @ Shakil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55748 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -RAUTA District- PURNIA ====================================================== Shakil @ Shakil Ahmad, S/o Late Yasin, resident of Village- Domohni, P.S.- Routa, District- Purnea.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. Pankaj Kumar Sinha and Diwakar Sinha, Advocates.

For the State : Mr. Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 30-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Routa P.S. Case No.72 of 2017 registered under Sections 302 and 120(B) of the Indian Penal Code.

The accusation is that while Md. Farooque Alam alongwith Hasan Raza, the father and son of the informant Jasim Akhtar, respectively was returning to his house from the market, in the way, Kamrujama, Babar, Akhlaque and Hasan alias Abu Hasan caught hold of the father of the informant. At that time, Babar caused injury through Dabia at the head and neck of the father of the informant, who died on the spot. The further

Patna High Court Cr.Misc. No.55748 of 2017 (2) dt.30-11-2017 2/2 allegation of the informant that Wahid, this petitioner and Farad hatched conspiracy in committing the murder of his father due to old land dispute.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner is not the assailant of the deceased, the father of the informant, nor he was present on the spot at the time of the alleged occurrence. The name of the petitioner has been shown in the F.I.R. as a conspirator in committing the murder of the deceased, the father of the informant. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Routa P.S. Case No.72 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T