Patna High CourtCR. MISC./51227/2018bail granted

Md. Jahangir @ Md. Jahangir Hussain v. The State Of Bihar

2018-09-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51227 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Md. Jahangir @ Md. Jahangir Hussain S/o Late Md. Shamsuddin R/o Village Jagdishpur Aabgila, P.S. Muffasil, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that the informant's brother was shot dead by the accused persons near a temple. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-06-2018 and he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. The name of the petitioner has appeared in the present case merely on the basis of suspicion.

Patna High Court Cr.Misc. No.51227 of 2018 (3) dt.18-09-2018 There is no eye witness to the alleged occurrence nor there is any direct or indirect evidence against the petitioner. The other similarly situated co-accused namely, Mahanth Lakhan Das @ Lakhan Das has been granted bail by a coordinate bench of this court vide order dated 06-09-2018 passed in Cr. Misc. No. 40036 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 158 of 2018.

(Sudhir Singh, J) A.K.V./- U T