Md. Muslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4332 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -POTHIYA District- KISANGANJ ====================================================== Md. Muslim, son of Late Abdul Salam, Resident of Baxa, P.S.- Pothia, District- Kishanganj.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case instituted under Sections 302, 201/34 of the Indian Penal Code. The prosecution story, in brief, is that some unknown miscreants killed the husband of the informant and thrown his dead body in a river by cutting his neck, abdomen and back with the help of sharp edged weapon.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not

Patna High Court Cr.Misc. No.4332 of 2017 (3) dt.28-02-2017 2/2 named in the F.I.R. His name has come in course of investigation, merely on the basis of suspicion. There is no eyewitness to the alleged occurrence nor there is any circumstantial evidence to suggest his implication in the present case.

On behalf of the state and the counsel for the informant, it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Kishanganj in connection with Pothia P.S. Case No. 143 of 2016. (Sudhir Singh, J.) Amit/- U T