Md. Arwaz @ Md. Arbaz Khan @ Arbaz Khan @Md. Arwaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7528 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Arwaz @ Md. Arbaz Khan @ Arbaz Khan @Md. Arwaz Khan S/OIstekhar Khan @ Kallu Khan R/O- Village- Jamalpura (Nayatola), Ward No.- 31, P.S.- Laheriasarai, Dist.- Darbhanga.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13 Mr. Rohit Kumar, Ms. Prity Kumari For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. It is a case of commission of murder of the informant's son Md. Anwar by the accused persons including the petitioner. The motive behind the murder was an eruption of dispute on the occasion of Muharram.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The informant is not eye witness of the alleged occurrence. Only suspicion has been

Patna High Court CR. MISC. No.7528 of 2024(4) dt.19-04-2024 2/2 raised against the petitioner and others. During investigation no consistent evidence has come against the petitioner. Other coaccused Sagufta Parween has already been enlarged on bail by this Court vide order dt. 19.12.2023 passed in Cr. Misc. No. 82247 of 2023. The has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 7.8.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laheriasarai P.S. Case No. 387 of 2023 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, Darbhanga.

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