Md. Firoz Alam @ Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10582 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== Md. Firoz Alam @ Md. Firoz S/o Late Tamijuddin R/o Vill-Sihpur, P.S.-Balia Belone, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Md. Manzer Karim, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP For the Informant :

Mr. Rajendra, Adv.

Mr. Sunil Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Baliya Belone P.S. Case No. 97 of 2023, lodged on 02.08.2023 under Sections 302, 498 (A), 120 (B), 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the present petitioner along with other unknown accused persons. In the FIR, there are three murders in which allegation has been made against the present petitioner that he along with other unknown persons caused such offence.

4. Learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.10582 of 2024(3) dt.16-04-2024 2/2 that the petitioner is innocent and has committed no offence. Counsel also submits that from the contents of the FIR, it becomes crystal clear that there is no eye-witness and name of the petitioner has come only and only on the basis of the suspicion. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 02.08.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that all the dead bodies of three persons have been recovered from the house of the petitioner and the dispute is going on which is indicated in the FIR.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner at this stage.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Baliya Belone P.S. Case No. 97 of 2023, pending before the learned Chief Judicial Magistrate, Katihar is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T