Md. Khalid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33371 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Md. Khalid Son of Abdul Rahman Resident of village- Puraini, Ward No. 12, P.S Shri Nagar, District Madhepura .... Petitioner

Versus

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

For the Petitioner : Mr. S.B.K. Mangalam, Adv. For the State : Mr. Arun Kumar Singh -5, APP 153 For the informant : Mr. Pawan Kumar Chaurasia, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2016 Heard the learned counsel for the petitioner, the informant and learned counsel for the State.

The petitioner is languishing in custody since 31.05.2016 in connection with Shri Nagar P.S. Case No. 78 of 2015 registered for offence under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is that in the morning the deceased has gone out of his house to bring grass for the goat and did not return till evening. It is submitted that someone informed that the dead body of the deceased is lying in the field (bahiyar). It is submitted that due to suspicion the name of the petitioner has come.

On behalf of the petitioner it has been submitted that the charge sheet has been submitted, there is no criminal antecedent against the petitioner and there is no allegation of tampering of witnesses alleged against the petitioner. Merely on the basis of suspicion the petitioner has been made accused in the present case. There is no eye witness to the alleged occurrence. On behalf of the State and the counsel for the

Patna High Court Cr.Misc. No.33371 of 2016 (4) dt.18-10-2016 informant, it is submitted that the petitioner has been named in the first information report.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, 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 in connection with Shri Nagar P.S. Case No. 78 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, II, Madhepura. (Sudhir Singh, J) SA/- U √ T √