Md. Rahamtullah @ Hurrah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24548 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -MAHISI District- SAHARSA ====================================================== Md. Rahamtullah @ Hurrah son of Moulana Usman Resident of Village - Jalai, Puranwash, P.S. - Mahishi (Jalai O.P.), District - Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner/ and learned counsel for the State.

Petitioner is accused in connection with Mahishi P.S. Case No. 52 of 2015 registered under Sections 302/34 of the I.P.C.

The allegation of informant is that on 09.04.2015 at 10.00 pm. two unknown persons came at her house and forcibly opened the door and caught hold her husband and shot fired upon which he died and on the same day. At about 1.30 am, both persons had come at the shop of her husband and on the point of pistol they took cash Rs. 1500/- along with gutka and cigarette packets.

Learned counsel appearing on behalf of the petitioner submits that the informant has not disclosed the name of anyone in the F.I.R. One Md. Ajad, in paragraph no.30 of the case diary, has

Patna High Court Cr.Misc. No.24548 of 2015 (3) dt.05-10-2015 2/2 stated that on the date of occurrence i.e. on 09.04.2015, the petitioner was seen in suspicious condition nearby the place of occurrence. Thereafter, the Police got recorded the confessional statement of this petitioner as detailed in paragraph no.44 of the case diary to the effect that during scuffle, the deceased Md. Mustaque @ Mushafir, took out knife from his waist and attacked to Md. Firoj at his head then he shot fired at Md. Mustaque causing injury at his chest. Except confessional statement, there is nothing against the petitioner. It is also submitted that petitioner is in custody since 14.04.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of J.M. First Class, Saharsa in connection with Mahishi P.S. Case No. 52 of 2015.

(Rajendra Kumar Mishra, J.) Shail/- U T