Patna High CourtCR. MISC./22056/2017bail granted

Atullah @ Atiullah v. The State Of Bihar

2017-07-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22056 of 2017 Arising Out of PS.Case No. -507 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================

1. Atullah @ Atiullah Son of Fateh Hussain, Resident of Mohalla- Miska Toli, P.S. Siwan (T), Sarai O.P., District- Siwan .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bijay Prakash Singh, Adv. For the Opposite Party : Mr. Bharat Lal, APP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 302, 201, 34 and 120B of the Indian Penal Code.

According to first information report, co-accused, Rajesh Kumar, took the son of the informant from his house in presence of the informant. Later on, dead body of the son of the informant was noticed and suspicion is that Rajesh Kumar and his criminal associates have committed the murder. Submission of the learned counsel for the petitioner is that the case diary would reveal that there is no material against the petitioner. Neither any one is eye witness of the occurrence. The whole suspicion is against Rajesh Kumar. Paragraph 22 of the case diary would, further, reveal that the deceased was involved in several cases and his murder might have been committed during his criminal activities.

Considering the fact that there is no substantial material against the petitioner to refuse the prayer for anticipatory bail, let the petitioner, above named, in the event of his arrest or

Patna High Court Cr.Misc. No.22056 of 2017 (4) dt.12-07-2017 2/2 surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Siwan Town P.S. Case No. 507 of 2015 to the satisfaction of the Chief Judicial Magistrate, Siwan, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √