Halim Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56539 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- SIDHWALIYA District- Gopalganj ======================================================
1. Halim Mian, Son of Rasul Mian, R/o Supauli, P.S.- Sidhwalia, District- Gopalganj.
2. Saiyad Alam, Son of Rasul Mian, R/o Supauli, P.S.- Sidhwalia, District- Gopalganj.
3. Amjad Mian @ Amjad Alam, Son of Halim Mian, R/o Supauli, P.S.- Sidhwalia, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyama Kant Singh, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
Death of the brother of the informant was caused by throttling. No one had seen the occurrence of actual murder. However, the petitioners are under suspicion for the reason that in the evening occurrence of assault had taken place wherein petitioners had participated in assaulting to the informant and his brother that is why they are under suspicion that they committed the murder. The petitioners have got no criminal
Patna High Court Cr.Misc. No.56539 of 2018(3) dt.30-11-2018 2/2 antecedent.
Considering the fact that there is no material to directly connect the petitioners with the crime alleged, hence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds 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 Sidhwalia Police Station Case No.46 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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