Niyamul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10309 of 2023 Arising Out of PS. Case No.-143 Year-2021 Thana- RUPAULI District- Purnia ====================================================== 1.

Niyamul Son Of Md. Kashim Resident Of Village- Bela Parsadi, P.S.- Rupauli, District- Purnea 2.

Md. Gulab Son Of Md. Nehal Resident Of Village- Bela Parsadi, P.S.- Rupauli, District- Purnea 3.

Md. Mahmood Son Of Md. Niyamul Resident Of Village- Bela Parsadi, P.S.- Rupauli, District- Purnea 4.

Md. Naim Son Of Md. Jamal Resident Of Village- Bela Parsadi, P.S.- Rupauli, District- Purnea 5.

Md. Nehal Son Of Md. Kashim Resident Of Village- Bela Parsadi, P.S.- Rupauli, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 448, 147, 148, 149, 302, 325, 307, 504, 506 of the Indian Penal Code.

As per FIR, the allegation against the petitioners and co-accused persons is that they armed with various weapons came at the house of the informant and assaulted

Patna High Court CR. MISC. No.10309 of 2023(3) dt.07-07-2023 2/3 to the informant's brother and his family members due to which they sustained injury. It is further alleged that when the brother of the informant took hospital where doctor declared him dead.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is no specific allegation of committing murder attributed against the petitioners rather general and omnibus allegation attributed against them. During investigation independent witness also not supported the prosecution version. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 14.10.2022.

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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Rupali

Patna High Court CR. MISC. No.10309 of 2023(3) dt.07-07-2023 3/3 P.S. Case No. 143 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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