Patna High CourtCR. MISC./61713/2021bail granted

Md Rabban v. The State Of Bihar

2022-05-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61713 of 2021 Arising Out of PS. Case No.-511 Year-2021 Thana- ARARIA District- Araria ====================================================== MD RABBAN Son of Jabbar Resident of Village - Murballa Ward No.- 05, P.S.- Araria (R.S.), District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 201 of the Indian Penal Code.

As per the prosecution case, it is stated that four named accused persons including the petitioner herein committed murder of the brother of the informant. It is submitted by learned counsel for the petitioner that from perusal of the FIR it would transpire that an unfounded and unsubstantiated suspicion has been raised based on trivial incidents of the past. There are no eye witness to the occurrence. The petitioner is in custody since 25.6.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.61713 of 2021(3) dt.10-05-2022 2/2 Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the material that has transpired in course of investigation, there being no eye witness to the occurrence, the petitioner having remained in custody for more than 10 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Araria (R.S.) P.S. Case no. 511 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) Bibhash U