Md. Faiyaz @ Md. Faiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54816 of 2022 Arising Out of PS. Case No.-162 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Md. Faiyaz @ Md. Faiyaz Alam Son of Md. Yunus R/V- Banaspati, Ward No. 7, P.S- Kahalgaon, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Sr. Adv.

Mrs. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kahalgaon P.S. Case No. 162 of 2022 registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

As per the prosecution, the informant after getting information on 27.02.2022, regarding dead body being found in one Bora (Sack) floating in a pond, reached at the place of occurrence and after opening the Bora, dead body of a lady

2/4 being cut in several pieces was found, after which the FIR was registered.

The main submissions advanced by learned senior counsel Mr.

3/4 petitioner and the investigation has been completed against him and moreover the main allegation of committing murder of the deceased is against her own close relatives but not against the petitioner.

Learned APP Mr. Abhay Kumar appearing for the State has opposed the bail prayer but fairly accepted that during the investigation no admissible evidence is found against the petitioner.

Heard both the sides and perused the FIR and case diary of this case. Though, the instant matter relates to murder and the body of the victim was found in several pieces but the prosecution has not brought any admissible evidence against the petitioner before this Court and in respect of the involvement of the petitioner in disposing of the dead body and dismembering the same, the prosecution is mainly believing on the statements of the co-accused persons given before the police. Hence in view of non-availability of any legal evidence against the petitioner, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above 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 the Court concerned in

4/4 connection with Kahalgaon P.S. Case No. 162 of 2022. (Shailendra Singh, J) annu/- U T