Furquan Ahmad @ Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18582 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Furquan Ahmad @ Md. Raja S/O Md. Aslam @ Aslam Amin Resident of Village- Harihans, P.S.- Hussainganj, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hussainganj P.S. Case No. 317 of 2024 dated 10.09.2024 registered for the offences punishable u/ss 103, 61(2) of the BNS, and section 27 of the Arms Act.

3. As per the prosecution case, the accused persons named in the F.I.R. are alleged to have shot the informant's husband dead. It is further alleged that earlier the co-accused persons have threatened the informant's husband to kill.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.18582 of 2025(3) dt.30-07-2025 2/3 this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Santosh Kumar Yadav. Nothing has been recovered from the conscious possession of the petitioner. There is nothing against the petitioner except suspicion. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the statement of the co-accused Santosh Kumar, mentioned in para 12 of the case diary, that the co-accused, Santosh Kumar gave contract to the co-accused, Sannaullah Ahmad to kill the informant's husband and for that he also paid Rs. 1.5 lakhs as advance. It is further stated that on 09.09.2024, the co-accused, Sannaullah Ahmad informed the co-accused Santosh Kumar, that the informant's husband was killed. He also alleged that the petitioner and the co-accused persons are involved in the alleged murder of the informant's husband. As per the para 13 of the case diary, the confessional statement of the co-accused, Nand Kishore Yadav @ Nannu, on the exhortation to kill by the coaccused persons namely, Nand Kishore Yadav @ Nannu and

Patna High Court CR. MISC. No.18582 of 2025(3) dt.30-07-2025 3/3 Dhannu Bhaiya, the petitioner fired two rounds on the head of the deceased who fell down and thereafter, they riding on motorcycle fled away from there.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the application stands rejected.

7. The learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) Gautam/- U T