IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.234 of 2010
SHAKIL MIYAN & ORS
Versus
STATE OF BIHAR & ANR
-----------
04. 17.09.2010 I. A. No. 1773 of 2010
All three appellants have been convicted
under section 302/34 of the IPC.
Counsel for the appellants submits that the
conviction of all three appellants is on the basis of
circumstantial evidence. Only circumstance against
the appellant no. 3, Khurshid Alam is that he came in
the night of occurrence at the place of informant and
called her son Naushad to pull Rickshaw and
thereafter he was never seen. Finally after 3-4 days,
his dead body was found near canal. So far the
appellant no. 1 and 2, Shakil Miyan and Firoj Ahmad
is concerned, none of the appellant has seen them in
the company of the deceased either in the night of the
occurrence or thereafter.
Considering this fact, the prayer for bail on
behalf of the appellants, namely, Shakil Miyan, Firoj
Ahmad and Khurshid Alam is allowed. During
pendency of the appeal, the above-named appellants
are directed to be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) each with two
2
sureties of the like amount each to the satisfaction of
Additional Sessions Judge, Bagha, West Champaran in
Sessions Trial No. 659 of 2004.
Counsel for the appellant is permitted to
delete the name of respondent no. 2.
(Mridula Mishra, J.)
(Shyam Kishore Sharma, J.)
SKM