Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60343 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== MD. SHAMIM S/O MD. SALIM R/o village- Habibpur, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Prakritita Sharma For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34, 120(B) of the Indian Penal Code.

As per the prosecution case, this petitioner along with other FIR named accused persons and some unknown persons killed the husband of informant and hanged his dead body in an abandoned thatched house.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no eye witness of the occurrence and petitioner has been made accused only on suspicion because in past this petitioner and other accused persons had threatened the deceased to kill him and except suspicion there is no other

Patna High Court CR. MISC. No.60343 of 2021(3) dt.25-03-2022 2/2 material to suggest the complicity of this petitioner in the aforesaid crime. Petitioner claims clean antecedent and is in custody since 01.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Judicial Magistrate, 1st class, Vaishali at Hajipur in connection with Baligaon PS case No.96/2020. (Prabhat Kumar Singh, J) BKS/- U T