Ali Akbar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65519 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Ali Akbar Son of Late Lukman Master @ Late Md. Lukman, 2.

Saheb Hussain @ Mallu @ Kallu @ Md. Saheb Hussain, Son of Usman Mian @ Md. Usman, Both are of resident of Village- Koini, Pashchim Tola, Police StationManjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Nath For the Opposite Party/s :

Mr.Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Manjhagarh P.S.Case no.118 of 2018 , registered for offences punishable under Sections 364, 365, 302 and 20134 of the Indian Penal Code.

Allegation as per FIR is that the brother of the informant had gone out Koini Bazaar on a motorcycle and he did not return and thereafter his mobile was found switched off and later on his dead body was recovered. The petitioner is not named in the FIR and later on in the re-statement, the informant suspects the hands of the petitioner and others as they had earlier threatened the deceased with respect to a plot of land.

Patna High Court CR. MISC. No.65519 of 2018(4) dt.09-04-2019 2/2 Submission of the learned counsel for the petitioners is that expect suspicion on the basis of the earlier threatening and that too was not mentioned in the FIR, there is absolutely nothing against the petitioner.

Heard learned A.P.P. and the learned counsel for the informant.. They have opposed the prayer for bail stating that they had earlier threatened the deceased. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Manjhagarh P.S.Case no.118 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T