Safdar @ Safdar Nawaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17394 of 2024 Arising Out of PS. Case No.-265 Year-2022 Thana- BAISI District- Purnia ====================================================== Safdar @ Safdar Nawaz Son of Sri Abdur Rab Resident of vill.-Loatiyabari, P.S.-Baisi, Distt.-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 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, 120(B), 379/34 of the Indian Penal Code.
As per prosecution case, it is a case of double murder and the accusation against the petitioner is that he in connivance with other accused persons, assaulted the deceased Monazir. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. The informant is not an eye-witness of the alleged incident rather the
Patna High Court CR. MISC. No.17394 of 2024(2) dt.14-03-2024 2/3 petitioner has falsely been implicated in this case due to political rivalry. From perusal of FIR as well as impugned order, it appears that the allegation has been made against this petitioner is, of assaulting on the private part of deceased Monazir but postmortem report as mentioned in impugned order shows that the cause of death of the deceased due to multiple organ failure caused by heavy sharp weapons. General and omnibus allegation of assaulting leveled against the petitioner. It is submitted that similarly situated co-accused namely, Akil @ Akil Ahmed has already been granted bail by this Court vide order dated 11.07.2023 passed in Cr. Misc. No. 1450 of 2023. It is further submitted that the petitioner has got no criminal antecedents and languishing in judicial custody since 29.11.2023.
Learned APP appearing for the state has vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biasi P.S. Case No. 265 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.17394 of 2024(2) dt.14-03-2024 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, District- Purnea or concerned Court. (Sunil Kumar Panwar, J) Manishkr/- U T