Md. Rasid @ Raja Mohammad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9419 of 2021 Arising Out of PS. Case No.-18 Year-2019 Thana- ALOULI District- Khagaria ====================================================== MD. RASID @ RAJA MOHAMMAD Son of Md. Rajjak Resident of Village- Belahi, P.S.- Bithan, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Alauli P.S. Case No.18/2019 corresponding to G.R. No.194/2019, registered for the offence punishable under Sections 365 of the IPC and later on sections 364/120(B)/34 IPC were added. The prosecution case in short is that the husband of informant went to relative's house namely Md. Shohrab in village Orahi but did not return back and his mobile phone was switched off. She called Md. Shohrab who said that her husband will return back in 2, 3 days but the informant suspected the conduct of the said Md. Shohrab and hence this FIR.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.9419 of 2021(3) dt.09-09-2021 2/3 petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence in the manner as alleged has ever taken place. It is submitted that this is a best case of last seen theory. Petitioner is not named in the FIR but his name transpired in the case in course of investigation on the statement of one Md. Saddam, who is brother of co-accused Md. Shohrab. The name of petitioner has came to light in the 3rd statement of the informant, where informant disclosed that petitioner along with other co-accused Md. Khurshid and Md. Sahabuddin came to her house and called her husband, who went with the accused persons to the house of Md. Shohrab. The co-accused Md. Khurshid Alam has been granted bail by a co-ordinate Bench of this court vide order dated 01.07.2021 passed in Cr. Misc. No.13982 of 2021. The petitioner has four criminal antecedent and has been languishing in custody since 06.07.2020.
Learned APP for the State opposed the prayer for bail and submits that petitioner name transpired in the case in course of investigation and he is also involved in the said offence.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.9419 of 2021(3) dt.09-09-2021 3/3 furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria, in connection with Alauli P.S. Case No.18/2019 corresponding to G.R. No.194/2019.
(Anjani Kumar Sharan, J) pallavi/- U T