Md. Daud And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17960 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -PURAINI District- MADHEPURA ======================================================
1. Md. Daud, S/o Md. Hakim,
2. Md. Hakim S/o Late Domi,
3. Md. Ayyub S/o Late Tahir, All are R/o Village- Kahartoli (Makdampur), P.S.- Puraini, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody in connection with Puraini P.S. Case No.8 of 2017, a case under Section 302 of the Indian Penal Code.
According to FIR, some unknown person committed murder of the grand-daughter of the informant who was aged about 20 years. The informant is specific that he has no enmity with anyone nor any dispute with anyone. After about four months of the occurrence, the witness stated before the police that at about 1:00 AM, in the night, in the light of torch he had seen eight persons fleeing from the place of occurrence including the petitioner and others.
Patna High Court Cr.Misc. No.17960 of 2018 (4) dt.16-05-2018 P2/ Submission of the learned counsel for the petitioners is that considering the fact that only material was suspicion raised at the belated stage of investigation, co-accused Md. Atabul has already been allowed regular bail by a coordinate Bench of this Court in Cr. Misc. No.27686 of 2018. Learned counsel for the informant opposed the prayer on the ground that for land dispute the petitioners had committed the murder.
Considering the material available on the record, in my view, the petitioners, deserve bail. Hence, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Puraini Police Station Case No. 8 of 2017, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Mkr./- U T