Md. Sadiq Husain @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48517 of 2016 Arising Out of PS.Case No. -524 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== MD. SADIQ HUSAIN @ CHHOTU SON OF MD. IQBAL UDDIN, RESIDENT OF VILLAGE- MUSTAFANAGAR, WARD NO.- 6, P.S. SAHARSA SADAR, DISTT.- SAHARSA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s :

Mr. Upendra Prasad, Adv.

Mrs. Veena Kumari Jaiswal, Adv.

For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant, Pankaj Kumar was informed by his brother-inlaw Manoj Singh with regard to murder of his younger brother by means of firearm. It has also been disclosed that his brother was employed under Shankar Sah. It has also been disclosed that on account of fracture of leg his brother was not doing job and in the aforesaid background, Shankar Sah who was entrusted with rupees four lacs by his brother was in a way to digest the same and for that, so many times quarrel took place. It has further been disclosed that his co-villager Ashutosh Kumar and Hanni Singh were assisting Shankar Sah. Petitioner is not named in the FIR. During course of investigation, it is evident that informant was repeatedly re-examined and at para-47 he had stated that at his level he came to know that this petitioner along with Rahul were responsible for doing murder of his brother. Rahul was apprehended who made inculpatory extra judicial confessional statement and in likewise manner petitioner also happens to be (para-70). Save and except aforesaid material nothing more has been collected by the police.

Patna High Court Cr.Misc. No.48517 of 2016 (3) dt.12-01-2017 As such, petitioner Md. Sadiq Husain @ Chhotu is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No.524 of 2016. (Aditya Kumar Trivedi, J.) Prakash Narayan U T