Md. Sabbir Ahmad @ Md. Sabbir Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59690 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== Sabbir Ahmad @ Md. Sabbir Sekh S/O Md. Atahur Rahmat, R/O Vil Chainpur, P.S. Aurai, Distt. Muzaffarpur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Smt. Madhuri Lata For the Informant :

Mr. Ravi Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-12-2018 Heard the parties.

The petitioner seeks regular bail in connection with Aurai P.S.Case no.23 of 2018 corresponding to G.R.No.860 of 2018 corresponding to S.Tr. No.414 of 2018 registered for offences punishable under Sections 363, 365, 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that on 19.12.2018 at around 9.00 P.M. the son (Chandan) of the informant was called out by Mukesh Kumar but when Chandan did not return back, the informant started searching him and went to the house of Mukesh Kumar on 22.2.2018 and on inquiry Mukesh Kumar told that the petitioner had sent Chandan to fetch toddy and thereafter he has not seen Chandan.

Patna High Court Cr.Misc. No.59690 of 2018(4) dt.06-12-2018 2/3 The Impugned order further shows that during the investigation blood stained were found on the Chauki of the petitioner inside the house and also blood stained food grains were found inside the teen which were of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case on the basis of suspicion and the FSL report which has been called for by this Court also does not support the prosecution case and he is in custody since 27.2.2018.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that the blood stains were found on the chauki and other articles of the petitioner. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge 7th, Muzaffarpur in connection with Aurai P.S.Case nO.23 of 2018 corresponding to G.R.No.860 of 2018 corresponding to S.Tr. No.414 of 2018.

With the aforesaid observation, this application is

Patna High Court Cr.Misc. No.59690 of 2018(4) dt.06-12-2018 3/3 allowed.

(Vinod Kumar Sinha, J) chn/- U T