Jawed Ahmad @ Jawed Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19382 of 2023 Arising Out of PS. Case No.-631 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== JAWED AHMAD @ JAWED HUSSAIN Son of Anwar Hussain R/o Mohalla- Telhatta Bazar, P.S- Siwan Town, dist- Siwan, State- Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Narayan For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 365, 364, 302, 201, 120B and 34 of the Indian Penal Code.
3. As per prosecution case, the informant has instituted this case that on 07.11.2021 his elder son Vishal Kumar Singh left house on his black scorpio along with two named persons. However, his son did not return in the night. On the next day i.e., on 08.11.2021, the informant received a phone call from Mirganj P.S. that the said scorpio was lying abandoned
Patna High Court CR. MISC. No.19382 of 2023(3) dt.07-08-2023 2/3 at Mirganj Police Station. The informant, thereafter filed the case against unknown accused persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. Nothing incriminating article has been recovered from the conscious possession of the petitioner and no cogent evidence has come against the petitioner. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Sandeep Kumar, who has already been granted bail by a Co-ordinate Bench vide order dated 25.02.2023 passed in Cr. Misc. No. 48151 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.03.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.19382 of 2023(3) dt.07-08-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Siwan City P.S. Case No. 631 of 2021 (Sunil Kumar Panwar, J) arish/- U T