Nek Mohammad @ Raj Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16095 of 2022 Arising Out of PS. Case No.-5 Year-2018 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== NEK MOHAMMAD @ RAJ MOHAMMAD S/o Salim Miyan @ Muslim Miyan Resident of Village- Bada Aurahiya, P.S.- Adapur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourendra Pandey, Advocate Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, it is stated that while the petitioner fired on the informant from front, co-accused Bhola Pandit fired upon him from the back and both of them escaped. The informant fell down injured.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for oblique reasons. The manner of occurrence is other than what

Patna High Court CR. MISC. No.16095 of 2022(4) dt.06-01-2023 2/2 has been narrated in the F.I.R. Co-accused Bhola Pandit has been enlarged on bail vide order dated 22.10.2021 passed in Cr. Misc. no. 18350 of 2021. The petitioner is in custody since 9.10.2020 and undertakes to cooperate in the trial. Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations, grant of bail to co-accused Bhola Pandit and the petitioner having remained in custody for more than 2 years since 9.10.2020, the petitioner is directed to be enlarged on bail in connection with Raxaul Rail P.S. Case no. 5 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court at West Champaran, Bettiah.

(Partha Sarthy, J) avinash/- U T