Farat @ Farad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54587 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -RAUTA District- PURNIA ======================================================

1. Farat @ Farad, Son of Late Majid, R/o Village- Domohini, P.S.- Rauta, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Rauta P.S. Case No. 72 of 2017 dated 10.07.2017 instituted for the offences under 302 and 120B of the Indian Penal Code.

It has been alleged in the F.I.R. that while the father and son of the informant were coming back home, accused persons, viz. Kamrujamma, Babar, Akhlaque and Hasan caught hold of the father of the informant and thereafter, co-accused, Babar assaulted him by means of a sharp cutting weapon on his head. The occurrence took place in front of the son of the informant. The informant has, thereafter, stated that behind the aforesaid murder, the petitioner and two others are involved

Patna High Court Cr.Misc. No.54587 of 2017 (2) dt.18-01-2018 2/3 because of old land dispute.

Learned counsel for the petitioner has submitted that neither the informant had seen the occurrence nor his son had spotted the petitioner at the place of occurrence. The accusation of the petitioner is only on the basis of suspicion that perhaps the petitioner and others might have had their hand in the killing the deceased.

One of the co-accused persons, who was seen by the son of the informant at the place where the murder was committed, has been granted bail by a Bench of this Court by order dated 16.10.2017 passed in Cr. Misc. No. 42702/2017. Another co-accused, who also is said to have conspired along with the petitioner for killing the deceased, has been granted anticipatory bail by order dated 30.11.2017 passed in Cr. Misc. No. 55748/2017. While saying so, this Court has also taken note of the fact that the petitioner does not bear any criminal antecedent.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand),

Patna High Court Cr.Misc. No.54587 of 2017 (2) dt.18-01-2018 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Rauta P.S. Case No. 72/2017.

(Ashutosh Kumar, J.) Rakhi U T