Md. Afzal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8985 of 2025 Arising Out of PS. Case No.-108 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Md. Afzal, S/o Md. Mustupha Rain, Resident of Village- Haji Tola, Ganpatganj, P.S.- Raghopur, Distt.- Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Mahfooz Alam, R/O vill- Haji Tola,, Ganpatganj, Ward No-1, P.S.- Raghopur, Dist- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Harun Quareshi, Adv.
For the State :
Mr. Binod Kumar No. 3, APP For the O.P. No. 2 :
Mr. Sangha Mitra Ghosh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2025 Heard Mr. Md Harun Quareshi, learned counsel for the petitioner, Mr. Binod Kumar No. 3, learned APP for the State and Mr. Sangha Mitra Ghosh, learned counsel for the O.P. No. 2.
2. Petitioner seeks regular bail in connection with POCSO Case No. 77 of 2024 arising out of Raghopur P.S. Case No. 108 of 2024 registered for the offences punishable under sections 341, 504, 506, 365 and 366A read with section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent and has been languishing in jail since 07.04.2024 and the FIR has
Patna High Court CR. MISC. No.8985 of 2025(3) dt.09-05-2025 2/3 been registered by the victim's father and the allegations levelled by him in the FIR is on the basis of the details given by his niece but the said allegations have not been supported by the victim herself before the Judicial Magistrate while recording her statement under section 164 of Cr.P.C. and the five prosecution witnesses, including the victim, have been examined in the trial of the petitioner till date but they have not supported the case of the prosecution and their deposition's copies have been filed with this petition.
4. Learned counsel appearing for the O.P. No. 2 has vehemently opposed the bail prayer of the petitioner and submits that against the petitioner, there is serious allegation.
5. Learned APP for the State has also opposed the bail prayer of the petitioner.
6. Considering the facts and circumstances of this case as well as aforesaid submissions advanced by petitioner's counsel and mainly taking into account the petitioner's custody period and his fair and clean antecedent, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with
Patna High Court CR. MISC. No.8985 of 2025(3) dt.09-05-2025 3/3 POCSO Case No. 77 of 2024 arising out of Raghopur P.S. Case No. 108 of 2024.
(Shailendra Singh, J) annu/- U T