Md. Sarpu @ Md. Sarfu @ Sarfu @ Md. Sarfaraz v. The State Of Bihar
Patna High Court Cr.Misc. No.48071 of 2018 (3) dt.07-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48071 of 2018 Arising Out of PS.Case No. -229 Year- 2017 Thana -TATARPUR District- BHAGALPUR ======================================================
1. Md. Sarpu @ Md. Sarfu @ Sarfu @ Md. Sarfaraz Son of Late Md. Baddaruddin@ Bholla Resident of Tatarpur, Police Station- Tatarpur, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 16.5.2018, seeks bail in Tatarpur PS Case No. 229 of 2017 registered under Sections 302, 120B and 34 of the IPC and Section 27 of the Arms Act.. The accusation is that the informant's son was found killed on the road by fire arm and suspicion is raised against both persons named in the FIR along with four-five unknown persons.
Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, there is no eye witness of the alleged killing, petitioner's name was disclosed by the mother, who happens to be wife of the informant, after 20 days of the occurrence, though earlier in the FIR specific case was lodged against four named accused persons and the petitioner has no criminal antecedent. Having considered the said facts and circumstances, the petitioner, namely, Md. Sarpu @ Md. Sarfu @ Sarfu @ Md. Sarfaraz is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM VII Bhagalpur in connection with Tatarpur PS Case No. 229 of 2017.
Snkumar/- (Arun Kumar, J) U T