Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15256 of 2023 Arising Out of PS. Case No.-280 Year-2021 Thana- AAJAM NAGAR District- Katihar ====================================================== ALAUDDIN S/O LATE SAMSUL R/v- Gajhot, P.S.- Azamnagar, DistrictKatihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120B of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they committed murder of the informant's son due to family dispute. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is cousin father-in-law of the deceased due to which he has falsely been implicated in this case. There is no specific allegation of committing murder attributed against the

Patna High Court CR. MISC. No.15256 of 2023(4) dt.12-07-2023 2/2 petitioner rather general and omnibus allegation attributed against him. Except suspicion nothing cogent material has been found against the petitioner. Similarly situated coaccused has already been granted bail by this Court vide order dated 16.05.2023 passed in Cr. Misc. No. 16814 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.09.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Azamnagar P.S. Case No. 280 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 CJM, Katihar.

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