Khurshid Ahmad @ Munna Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65023 of 2018 Arising Out of PS. Case No.-338 Year-2017 Thana- HUSSAINGANJ District- Siwan ====================================================== Khurshid Ahmad @ Munna Mian, Son of Late Gahvar Hussain, resident of Village- Chhotti Baghauni, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Hussainganj P.S. Case No. 338 of 2017 registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Informant has alleged that she heard a rumour that her son has been killed and his dead body was lying in a Parti land in Badauni village. It has further been alleged that three persons threatened to kill her son including petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that there is no specific allegation against the petitioner only suspicion raised that petitioner has given

Patna High Court Cr.Misc. No.65023 of 2018(2) dt.05-11-2018 2/2 threatening to kill his son but reason has not been given by the informant against petitioner. Petitioner is in custody since 23.07.2017 and the date of occurrence is of 27.11.2017 which goes to show that petitioner has falsely been implicated in the present case and he is remanded in this case on 29.11.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Siwan, District- Siwan, in connection with Hussainganj P.S. Case No. 338 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T