Minhaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14931 of 2023 Arising Out of PS. Case No.-934 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.

MINHAZ ALAM Son of Sheikh Taufik Ahmad @ Toufiq Ahamad R/vBakhari Madarsa, P.S.- Shikarpur, District- West Champaran (Bihar) 2.

RAHAT PARWEZ @ HERO Son of Sheikh Alam R/v- Medraul, P.S.- Shikarpur, District- West Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Section 307 of the IPC and Section 27 of the Arms Act.

As per prosecution case, After having dinner all the family members went to their rooms for sleep. Thereafter, informant's mother, who was sleeping in the outer room suddenly heard a loud noise and she got scared. In the morning, informant's sister went to clean the room and saw a hole in the window and found a bullet on the sofa.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No. 14931 of 2023(2) dt.09-05-2023 2/2 that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are not named in the FIR. The name of the petitioners come into light, on the basis of confessional statement of co-accused Sekhu Alam, which has got no evidentiary value in the eyes of law. There is no specific allegation against these petitioners. No incriminating article has recovered from the conscious possession of the petitioners. They are languishing in judicial custody since 28.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court of C.J.M., Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 934 of 2022.

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