Patna High CourtCR. MISC./8142/2024allowed

Md. Akbar v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8142 of 2024 Arising Out of PS. Case No.-175 Year-2021 Thana- DARBHANGA SADAR District- Darbhanga ====================================================== Md. Akbar S/O Md. Islam R/O Mohalla- Abhanda, (Bakarganj), P.S- Laheriaganj, Distt.- Darbhanga. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== 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 registered for the offence punishable under sections 302, 396, 412, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that unknown persons committed murder of his cousin brother, thereafter, they threw his dead body near road side.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of his confessional statement which is not admissible in the eye of law. The petitioner is not

Patna High Court CR. MISC. No.8142 of 2024(2) dt.20-02-2024 2/2 named in the FIR and he has no concern with the alleged occurrence. Nothing incriminating article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 17.10.2022 passed in Cr. Misc. No. 8004 of 2022. The petitioner is languishing in judicial custody since 19.06.2021.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar P.S. Case No. 175 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 Additional Sessions Judge-X, Darbhanga.

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