Md. Buddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34792 of 2016 Arising out of P.S. Case No. - 102 Year - 2015 Thana - BELDAUR District - KHAGARIA ====================================================== Md. Buddin, Son of Late Md. Sudhir, Resident of Village - Sukhaibasa, P.S. Beldaur, District Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bishweshwar Ram, Advocate For the Opposite Party : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.11.2015 in connection with Session Case No. 167 of 2016 arising out of Beldaur P.S. Case No. 102 of 2015 for the offences instituted under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that on 06.05.2015 at about 04:00 p.m. Md. Buddin (petitioner) along with one another person came at the Bathan of the informant and asked the price of the cow and buffalo. The informant told him the price of the cattle. The informant has suspected that the accused persons theft the cattle of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.34792 of 2016 (4) dt.17-10-2016 2/2 the petitioner is in custody since 30.11.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The case relates to robbery of she-buffalos. There is no recovery of looted she-buffalos from the possession of the petitioner. Merely on the basis of suspicion petitioner has been named in the F.I.R. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (The Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Khagaria in connection with Session Case No. 167 of 2016 arising out of Beldaur P.S. Case No. 102 of 2015. Kundan (Sudhir Singh, J) U T