Md. Farhan Ali @ Kassu @ Farhan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20391 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Farhan Ali @ Kassu @ Farhan Ali Son Of Shamshad Khan Resident Of Village-Daudchak, P.S.-Habibpur, District-Bhagalpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner along with other co-accused is that they committed murder of the brother of the informant. Money dispute was going on between the deceased Rakesh Kumar and co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.20391 of 2024(3) dt.04-04-2024 2/3 has falsely been implicated in this case merely on suspicion. Informant is not eye witness of the alleged occurrence. Nothing consistent material has come against the petitioner in respect of commission of murder. Petitioner is not named in the F.I.R rather his name sprang up in this case on the basis of confessional statement of co-accused Md. Tarzan. Moreover, he is languishing in judicial custody since 03.11.2023. Similarly situated co-accused Gautam Krishna has been granted bail vide order dated 11.12.2023, passed in Cr. Misc. No. 67590 of 2023 by this Court.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Habibpur P.S. Case No. 75 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class-cum

Patna High Court CR. MISC. No.20391 of 2024(3) dt.04-04-2024 3/3 Additional Munshif, Bhagalpur.

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