Md. Kasim @ Md. Tashu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69881 of 2024 Arising Out of PS. Case No.-208 Year-2021 Thana- SULTANGANJ District- Patna ====================================================== 1.
Md. Kasim @ Md. Tashu S/O Late Md. Rajak R/O Bhadurpur Jhoparpatti, P.S- Bahadurpur, Distt.- Patna.
2.
Dharmendra Sao S/O Late Jaymangal Mahto @ Jamindar Mandal R/O Bhadurpur Jhoparpatti, P.S- Bahadurpur, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners seek regular bail in connection with Sultanganj P. S. Case No. 208 of 2021 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. As per F.I.R., on 08.08.2021, son of the informant aged about 18 years, went along his three friends including these petitioners. It is further alleged that on enquiry, accused persons did not say anything regarding the son of informant but after extensive search, his dead body was found drowned which was later identified by the informant. Informant suspects that
Patna High Court CR. MISC. No.69881 of 2024(2) dt.19-12-2024 2/2 these petitioners along with other accused persons killed her son.
4. Learned counsel for the petitioners submits that informant is not an eye witness of the occurrence and petitioners have been made accused only on suspicion. It is further submitted that similarly situated co-accused, namely, Dipu Kumar has already been granted regular bail by co-ordinate Bench of this Hon'ble Court vide order dated 14.07.2023 passed in Cr. Misc. No. 40158 of 2023. Petitioners are in custody since 20.06.2024 and chargesheet has already been submitted.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of allegation and period of custody, the bail application is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Sultanganj P. S. Case No. 208 of 2021.
(Prabhat Kumar Singh, J) Navya/- U T