Fida Mian @ Fida Husssain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46177 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== FIDA MIAN @ FIDA HUSSSAIN Son of Late Suleman Mian Resident of Village - Awaraiya Tiwari Tola, Ward No.1, P.S.- Banuchapar, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Mr. Nilesh Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the husband of the informant was killed by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.3.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The name of the petitioner has transpired on the basis of confession of co-accused. Except for suspicion, there is no other

Patna High Court CR. MISC. No.46177 of 2019(2) dt.31-07-2019 2/2 substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest his participation in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Chief Judicial Magistrate, West Champaran, Bettiah in connection with Gopalpur P.S. Case No. 36 of 2019. (Sudhir Singh, J) Pankaj/- U T