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Patna High CourtCR. MISC./10264/2023allowed

Md. Gulam Rasool v. The State Of Bihar

2023-06-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10264 of 2023 Arising Out of PS. Case No.-214 Year-2019 Thana- JALE District- Darbhanga ====================================================== Md. Gulam Rasool Son Of Md. Razzaque Kujra R/O Vill.- Bari Malikpur, Ratanpur, P.S.- Jale, Distt.- Darbhanga- 847307 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 302/34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they committed murder of the informant's husband due to previous land dispute.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. As per FIR, it is apparent that the deceased received

Patna High Court CR. MISC. No.10264 of 2023(3) dt.22-06-2023 2/2 multiple injuries on his head but from the perusal of postmortem report, it is apparent that the deceased received only one bruise on his head. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 04.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jale P.S. Case No. 214 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-I, Darbhanga.

(Sunil Kumar Panwar, J) Manishkumar/- U T