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Patna High CourtCR. MISC./3304/2023allowed

Sah Laddu @ Laddu @ Md Naushad v. The State Of Bihar

2023-04-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3304 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- PALASI District- Araria ====================================================== SAH LADDU @ LADDU @ MD NAUSHAD S/o Late Jamil @ Sah Jamil R/o Village- Tarbi, ward no. 01, P.S.- Palasi, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 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 302/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of committing murder of the informant's son by strangulating his neck by plastic rob thereafter throw the dead body in shrub. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.3304 of 2023(2) dt.03-04-2023 2/3 falsely been implicated in this case. He submitted that the coaccused Md. Matin, had taken away the son of the informant, on account of previous dispute relating to the death of the daughter of the petitioner, who was the wife of the deceased, his name has been implicated in this case. There is no specific allegation against this petitioner. There is general and omnibus allegation against the petitioner. He further submitted that during investigation, there is no eye-witness to show that this petitioner has involved in the alleged occurrence. Only on the basis of suspicion the name of the petitioner has come into light. He further submitted that other co-accused has already been granted bail by a co-ordinate Bench vide order dated 08.02.2023 passed in Cr. Misc. No. 31877 of 2022. The petitioner is languishing in judicial custody since 18.10.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Palasi P.S. Case No. 1 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.3304 of 2023(2) dt.03-04-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Araria.

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