Md. Kausar @ Kousar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40720 of 2016 Arising Out of PS.Case No. -416 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Md. Kausar @ Kousar Son of Md. Karim Resident of VillageKenuwatikar, Nayatola, P.S Banka, District Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The F.I.R. was lodged on finding the dead body of the brother of the informant by the river side. The petitioner and others are suspected to have committed the murder to get Rs.40,000/- from the possession of the deceased, which he was carrying from his shop to his house.

Learned Additional Public Prosecutor for the State informed that though there is no eyewitness of the

Patna High Court Cr.Misc. No.40720 of 2016 (3) dt.14-12-2016 2/2 occurrence in the case-diary. However, name of the petitioner transpired in the confessional statement of co-accused Shahnawaz. Learned counsel for the informant opposed the prayer for bail.

Considering the fact that there is no substantial material against the petitioner, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/Successor Court, in connection with Banka P.S. Case No.416 of 2016. (Birendra Kumar, J) Mkr./- U T