Zahir @ Md. Zahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13900 of 2023 Arising Out of PS. Case No.-783 Year-2022 Thana- SUPAUL District- Supaul ====================================================== ZAHIR @ MD. ZAHIR S/O SAMSUL NADAF R/o- Ward No. 1, Ganna CHowk, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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, 120B, 34 of the Indian Penal Code.

As per prosecution case, the dead body of the son of the informant was found hanging in the lodge, in which he was living. It has been alleged that the petitioner and coaccused committed this alleged occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged occurrence and except suspicion

Patna High Court CR. MISC. No.13900 of 2023(4) dt.11-07-2023 2/3 and confessional statement of co-accused nothing consistent evidence has been found against the petitioner. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 19.05.2023 passed in Cr. Misc. No. 73927 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 18.18.2022. 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 Supaul P.S. Case No. 783 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 Chief Judicial Magistrate, Supaul.

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

Patna High Court CR. MISC. No.13900 of 2023(4) dt.11-07-2023 3/3