Jahangir Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19476 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- BAISI District- Purnia ====================================================== JAHANGIR ASHRAF Son of Abdul Quddus Resident of Tarabari, P.O.- Baisi, P.S.- Vaisi, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Singh For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B), 379/34 of the Indian Penal Code.

As per prosecution case, it is a case of double murder and the accusation against the petitioner is of assaulting on the head of the deceased Shahwan Alam by means of iron rod after hatching conspiracy in connivance with other accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is not an eye-witness of the alleged incident rather he has falsely been implicated in this case due to dirty village

Patna High Court CR. MISC. No.19476 of 2023(2) dt.19-05-2023 2/3 politics. From perusal of impugned order, it appears that the doctor opined that cause of death is due to hemorrhage and shock as a result of injuries caused by sharp cut weapons whereas, the allegation has been made against this petitioner is of assaulting on the head of the deceased Shahwan Alam by mean of iron rod. It is further submitted that other co-accused namely, Laltu and Md. Aejaz Anjum has already been granted bail by a co-ordinate Bench of this Court vide order dated 15.5.2023 passed in Cr. Misc. No. 1169 of 2023 and 3809 of 2023, hence the case of this petitioner stands on similar footing of that of the co-accused persons. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 10.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biasi P.S. Case No. 265 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.19476 of 2023(2) dt.19-05-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, District- Purnea.

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