Sikandar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22942 of 2017 Arising Out of PS.Case No. -815 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sikandar Ram, son of Hukum Ram, resident of Village- Chamarpatti Hindi Bajar, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the I.P.C. The prosecution story, in brief, is that on 19.12.2016 the brother of the informant, namely, Md. Noor Alam went to drink tea but he did not return. On 20.12.2016, informant came to know through the petitioner that dead body of his brother was lying in third floor under constructed building adjacent to Kabristan. He went there and found the dead body of his brother. The informant suspected that the petitioner and other co-accused committed murder of his brother.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2016 and the charge sheet

Patna High Court Cr.Misc. No.22942 of 2017 (2) dt.22-05-2017 2/2 has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no substantive evidence to suggest the implication of the petitioner. Only suspicion has been raised against the petitioner. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released 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, Motihari, East Champaran in connection with Motihari Town P.S. case No.815 of 2016. (Sudhir Singh, J) Narendra/- U T