Sahim @ Md. Saheem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12609 of 2024 Arising Out of PS. Case No.-1343 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Sonu Kumar Son Of Late Deenanath Rai Resident Of Village- Goriyadera, Mubarakpur, Ps- Janipur, Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anupam Bahudur, Adv.
For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Phulwari Sharif P.S Case No. 1343 of 2023 registered for the offences punishable under Sections 302/120(b) of the I.P.C. and Section 27.
3. As per prosecution case, it is alleged that petitioner along with co-accused persons have killed the brother of the informant by means of pistol.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR his
Patna High Court CR. MISC. No.12609 of 2024(3) dt.16-04-2024 2/2 name surfaced from the confessional statement of the coaccused. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 21.09.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Add. Chief Judicial Magistrate-14, Patna in connection with Phulwari Sharif P.S Case No. 1343 of 2023.
(Ramesh Chand Malviya, J) Mayank/- U