Md. Mukhtar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13157 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -BAJPATTI District- SITAMARHI ====================================================== Md. Mukhtar Sah S/O Late Inamul Sah @ Anwqrul Sah Resident of Village- Madaripur, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-05-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 24.01.2015 in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code. On recovery of the dead body of the brother of the informant from a well FIR was lodged against seven accused persons including the petitioner raising suspicion since the petitioner and others used to threat the brother of the informant, hence, the informant suspected their hands in commission of the offence.
It is submitted by learned counsel for the petitioner that only on the basis of suspicion the accusation has
Patna High Court Cr.Misc. No.13157 of 2015 (03) dt.08-05-2015 2/2 been levelled and there is no eye witness to the occurrence. The above contentions of the counsel for the petitioner have not been controverted by the learned APP after going through the case diary. Moreover, he admits that only on the basis of suspicion the accusation has been levelled. Considering the accusation based on suspicion and the investigation has already concluded, let the above named petitioner, 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 Sub-divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 06 of 2015.
(Dinesh Kumar Singh, J) DKS/- U T