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Patna High CourtCR. MISC./40858/2016bail granted

Md. Jainul Andanr v. The State Of Bihar

2016-10-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40858 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Md. Jainul,

2. Md. Nashraul @ Md. Nesarul both Sons of Md. Azim @ Azim Mian, resident of Village- Parsa Birbal, Police Station- Chhatapur, DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner no. 1 is named in the first information report whereas the name of petitioner no. 2 came in this case in course of investigation in the supervision note of the S.D.P.O., which is evident from the impugned order.

The allegation against the petitioners is that they along with other F.I.R named accused committed murder of the deceased and, subsequently, the dead body of the deceased was found lying in a field. The informant disclosed that the co-accused Md. Ibrahim @ Dukha had suspicion in his mind that the deceased had illicit relation with his wife and that was the reason, the

Patna High Court Cr.Misc. No.40858 of 2016 (2) dt.04-10-2016 2/2 aforesaid co-accused Md. Ibrahim having entered into conspiracy with other accused persons got eliminated the deceased. Submission on behalf of the petitioners is that the coaccused Md. Ibrahim @ Dukha has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 01.07.2016 passed in Cr. Misc. No. 21128 of 2016. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate,-II, Supaul in connection with Chhatapur P.S.Case No. 35 of 2016. (Hemant Kumar Srivastava, J) N.K/- U T