Patna High CourtCR. MISC./11113/2023allowed

Md. Binna @ Binha @ Md. Seraj v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11113 of 2023 Arising Out of PS. Case No.-144 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Md. Binna @ Binha @ Md. Seraj S/O Late Mouli @ Malim Nadal R/VRajapur, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302, 34 of the Indian Penal Code.

It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner

Patna High Court CR. MISC. No.11113 of 2023(2) dt.05-05-2023 2/2 and the informant are co-villagers and in the background of some land dispute, he has falsely been implicated in this case. Moreover, other co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 08.12.2022 passed in Cr. Misc. No. 48709 of 2022. The petitioner is languishing in custody since 02.06.2020. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XIV, Bhagalpur in connection with Sabour P.S. Case No. 144 of 2020, Sessions Trial No. 319 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T