Md. Jabir @ Md. Jabir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14771 of 2023 Arising Out of PS. Case No.-202 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== MD. JABIR @ MD. JABIR HUSSAIN S/O MD. TASLIM R/v- Raipur, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== 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, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he and his associates committed murder of the informant's father-in-law by tying gamcha around his neck. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is not an eye witness of the alleged occurrence and merely on the basis of suspicion the petitioner has falsely been implicated in this case. He has got no criminal

Patna High Court CR. MISC. No.14771 of 2023(3) dt.12-07-2023 2/2 antecedent. It is a case of last scene and except suspicion nothing consistent evidence has come out against the petitioner. It is further submitted that he is languishing in judicial custody since 15.06.2022.

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 Warisnagar P.S. Case No. 202 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur.

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