Md. Raju Alias @ Md. Raju @ Md. Atteque Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 19705 of 2023 Arising Out of PS. Case No.-414 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== MD RAJU ALIAS @ MD RAJU @ MD ATTEQUE KHAN S/O MD SONA @ MD SONA KHAN @ MD TAMIZUR RAHMAN @ TAMIZUR RAHMAN @ MD TAMIZUR RAHMAN KHAN Resident of village- Near Wasim (Usman), Khan Apartment Samanpura, Raja Bazar, P.S.- Shastri Nagar, District- Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Rakesh Kumar, Advocate For the Opposite Party/s :

Ms Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No 1383 of 2022 arising out of Shastri Nagar Police Station (for brevity, PS) Case No 414 of 2022 dated 13.07.2022 registered for the offence punishable under Sections 302/34 of Indian Penal Code. As per prosecution case, the petitioner and the coaccused persons along with 3 - 4 unknown miscreants are alleged to have inflicted blows of knife on the informant's brother due to petty dispute. When the injured was brought to

Patna High Court CR. MISC. No.19705 of 2023(2) dt.23-05-2023 2/2 Hospital for treatment, he was declared dead. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in one more criminal case, as stated in paragraph 3 of the bail petition in which he is on bail. There is no eye witness to the alleged occurrence. There is general and omnibus allegation against the petitioner. The petitioner is in custody in this case since 19.07.2022. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the allegation being general and omnibus against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge XI, Patna in Sessions Trial No 1383 of 2022 arising out of Shastri Nagar PS Case No 414 of 2022 dated 13.07.2022. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T