Md. Meroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17585 of 2021 Arising Out of PS. Case No.-401 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== MD. MEROJ Son of Md. Saheed R/o Village- Chandchour Mathurapur, P.S.- Ujiyarpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-09-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 394 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, son of the informant was robbed of the total amount of Rs.2.3 lacs and it is further stated that the accused persons murdered him. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of coaccused made before the police. It is submitted that the material being relied against the petitioner is the confessional statement of the coaccused together with the location of his mobile phone based on the CDR. There is no eye

Patna High Court CR. MISC. No.17585 of 2021(3) dt.29-09-2021 2/2 witness to the occurrence. The petitioner is in custody since 24.10.2020 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned A.P.P. for the State and learned counsel for the informant.

It is submitted by learned counsel for the informant that it is a case of brutal murder wherein one of the accused Md. Danish confessed to his crime and named the other accused persons including the petitioner herein of having actively participated therein.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation together with the petitioner having remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Tajpur P.S. Case no. 401 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur. (Partha Sarthy, J) Bibhash/- U