Md. Faiz @ Faiz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7808 of 2024 Arising Out of PS. Case No.-414 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Faiz @ Faiz Khan S/O- Md. Jawed Khan Moh- Raja Bazar Samanpura Ps- Shastri Nagar Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Brajesh Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and the coaccused persons along with 3-4 unknown miscreants are alleged to have inflicted blows of knife on the informant's brother due to pretty dispute. When the injured was brought to Hospital for treatment, he was declared dead.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner. He

Patna High Court CR. MISC. No.7808 of 2024(2) dt.20-02-2024 2/2 submitted that informant is not an eye-witness to the alleged occurrence. The name of the petitioner has come into light on the basis of confessional statement of co-accused Md. Ali @ Bunty and he has already been granted bail by a Co-ordinate Bench vide order dated 06.07.2023 passed in Cr. Misc. No. 21039 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S. Case No. 414 of 2022.

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