Wakil Mian @ Md. Wakil @ Md. Wakil Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57378 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -BELCHAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Wakil Mian @ Md. Wakil @ Md. Wakil Mian, Son of Late Sheikh Nasruddin resident of Mohalla - Koeri Tola, P.S.- Bettiah Town, District - West Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Uday Chandra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Balthar P.S. Case No. 48 of 2014 registered under Sections 302 and 120B read with 34 of the Indian Penal Code. It is contended that though the petitioner is not named in the FIR, his name transpired during investigation on the basis of hypothetical presumption and wild suspicion. It is further contended that similarly circumstanced co-accused Guddu Paswan @ Rakesh Paswan has already been granted bail by a co-ordinate bench of this Court on 31.07.2015 passed in Cr.
Patna High Court Cr.Misc. No.57378 of 2015 (3) dt.05-02-2016 2 / 2 Misc. No. 27147 of 2015.
Learned counsel for the State has opposed the application for grant of bail. He has contended that during course of investigation some of the witnesses have raised suspicion against the petitioner that he might have committed the murder of the son of the informant. He has further contended that there is circumstantial evidence against the petitioner. Be that as it may, regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Balthar P.S. Case No. 48 of 2014.
(Ashwani Kumar Singh, J.) Sanjeet/- U T