Md. Anzar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13980 of 2018 Arising Out of PS. Case No.-196 Year-2017 Thana- VAISHALI District- Vaishali Md. Anzar S/o Md. Aziz @ Md. Abdul Aziz, R/o Village- Gorigama, P.S.- Saraiya, District0- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manindra Kishore Singh For the Opposite Party/s :

Mr. Smt. Anusuiya Jaiswal CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Vaishali P.S. Case No. 196 of 2017 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Informant is the brother of deceased who in his written complaint, has stated that on 26.07.2017 in the night his deceased brother Ganesh Rai received a telephone call by which he was asked to go to Vaishali High School but since it was night, he refused to go there and next day he proceeded

Patna High Court Cr.Misc. No.13980 of 2018(3) dt.05-04-2018 2/3 for police station on his motorcycle at about 6.15 PM. When he reached near the house of Raj Kishore Singh two motorcycle borne criminals who had covered their face shot his brother and fled away, from where he was taken to hospital and referred to Muzaffarpur where the doctor has declared dead. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There has been no recovery from his possession and there is no direct or indirect evidence to suggest involvement of petitioner in said crime. During investigation it has come that Sanjay Rai has hired killers who killed the deceased and for this there has been conversation on his mobile and one accused Babar but nothing has been found against the petitioner. Petitioner is in custody since 14.09.2017 and he has been arrested on suspicion only.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with

Patna High Court Cr.Misc. No.13980 of 2018(3) dt.05-04-2018 3/3 Vaishali P.S. Case No. 196 of 2017.

(S. Kumar, J) veena/- U T