Md. Hasnain @ Hasnain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85745 of 2019 Arising Out of PS. Case No.-176 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Hasnain @ Hasnain Son of Ainuddin Resident of Satighatta, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as counsel for the informant.

Petitioner is in custody in connection with Bahadurganj P.S. Case No. 176 of 2019 for the offence under sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Learned counsel for the petitioner further submits that there is no eye witness to the occurrence. The petitioner and others have been suspected in killing of the son of the informant.

The petitioner is in custody since 7.11.2019. In this case, case diary was called for. In para-12 of the case diary, it appears that witnesses learnt from the villagers that petititioner and other have caught the son of the informant and they took him towards river side and when the family

Patna High Court CR. MISC. No.85745 of 2019(4) dt.04-06-2020 2/2 members followed the direction as the villagers disclosed the movement of the accused persons and the deceased, they saw corpus of the son of the informant in unconscious position. He was taken to hospital but he died.

Considering the fact that there is no eye witness to the occurrence and the case diary itself indicates that witnesses have learnt about the involvement of this petitioner and others on the basis of hearsay and there is no definite statement who has disclosed the involvement of the petitioner in carrying the deceased towards the river side, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, 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 learned Chief Judicial Magistrate, Kishanganj, in connection with Bahadurganj P.S. Case No. 176 of 2019 subject to the condition that the petitioner on release has to render his service as volunteer for a period of one month to combat Covid19 in Covid hospital and he is required to report to the district Civil Surgeon/Nodal Officer who shall utilize the service of the petitioner appropriately.

Ravi/- (Anil Kumar Upadhyay, J) U T