Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.5 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Noor Alam, Son of Nijam Mian, resident of village - Kharaj Supaul, P.S. Patori, District - Samastipur .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Uma Shankar Prasad Singh For the Respondent/s : Mr. Sri Sadanand Paswan (Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-04-2017 Heard learned counsel for the appellant as well as learned Special P.P.

The deceased, Aman Kumar Ram (a handicap) became traceless since 11.01.2016 at 4.30 pm. His dead body was found on 15.01.2016 at 7.00 am at the bank of Baya River having injury over his neck, which, the doctor has found to be the cause of death.

From perusal of the case diary, it is evident that none has claimed to be an eye-witness of the occurrence nor any of the witness has claimed to have seen the deceased in company of the accused.

That being so, the appellant, Noor Alam is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. APP (SJ) No.5 of 2017 (5) dt.04-04-2017 2/2 thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST, Samastipur in connection with Patori P.S. Case No. 14/2016, corresponding to S.Tr. No. 656/2016 after setting aside the order dated 29.11.2016 passed by the learned Special Judge, SC & ST/1st Additional Sessions Judge, Samastipur.

Consequent thereupon, the instant appeal is allowed. (Aditya Kumar Trivedi, J.) Rakhi U T