Md. Basar @ Abu Basar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55800 of 2022 Arising Out of PS. Case No.-187 Year-2021 Thana- ARARIA District- Araria ====================================================== Md. Basar @ Abu Basar Son Of Pravez @ Md. Prawez Alam Resident Of Village Bhangora, Ward No. 1, P.S. Palasi , Distt Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.
The prosecution case as per F.I.R is that informant's son Sanjay Kumar went along with this petitioner but did not return home in late night. On the next day, the dead body of the victim was recovered from the maize field.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.55800 of 2022(3) dt.17-02-2023 2/3 been implicated in this case. It is further submitted that deceased went missing on 21.02.2021 but the F.I.R was lodged on 24.02.2021 without explaining the delay. The deceased was a criminal and involved in so many criminal activities, hence, he might have been killed by other accused persons. There is no eye witness to the occurrence. The petitioner was not apprehended from the spot. The petitioner is languishing in custody since 16.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was last seen with the victim.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.55800 of 2022(3) dt.17-02-2023 3/3 Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 187 of 2021.
(Sunil Kumar Panwar, J) Shageer/- U T