Patna High CourtCR. MISC./52912/2019bail granted

Md. Fakhruddin @ Quamar v. The State Of Bihar

2019-08-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52912 of 2019 Arising Out of PS. Case No.-104 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Fakhruddin @ Quamar S/o Late Bado @ Rafique R/o villageSadaruddinchak, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 328, 302 of the Indian Penal Code.

Allegation is that the informant went to pond for bath and after lapse of about one hour when she returned her home and saw that her son was in bad condition and on enquiry her son told that Md. Mannu called him and after returning he is not feeling well. Thereafter the informant's son started vomiting and he was taken to the Hospital for treatment and in course of treatment he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.05.2019 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.52912 of 2019(2) dt.23-08-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In re-statement of the informant, the name of the petitioner has figured. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XII, Bhagalpur in connection with Habibpur P.S. case No.104 of 2017.

(Sudhir Singh, J) Narendra/- U T