Md Shahanawaz @ Chengra @ Md Shahnwaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60527 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- BAUSI District- Purnia ====================================================== Md Shahanawaz @ Chengra @ Md Shahnwaj Alam Son of Abdul Kadir Resident of Village- Udharna, P.S.- Dagarua, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 324, 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the police apprehended the petitioner and recorded his confessional statement in which, he narrated the whole episode of the incident, allegedly took place.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-06-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. In course of investigation, merely on the basis of

Patna High Court CR. MISC. No.60527 of 2019(2) dt.24-09-2019 2/2 suspicion, he has been apprehended by police. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The other coaccused with similar allegation has been granted bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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, Purnea in connection with Baisi P.S. Case No. 129 of 2019.

(Sudhir Singh, J) A.K.V.//- U T