Md. Kaishar @ Bhonu @ Md. Asfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18762 of 2023 Arising Out of PS. Case No.-16 Year-2021 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Md. Kaishar @ Bhonu @ Md. Asfaque S/O Late Md. Jamil Resident Of Village- Sharfuddinpur, Gopalpur Gopal, P.S.- Bochahan, DistrictMuzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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, 201 of the Indian Penal Code.

As per prosecution case, the nephew of the informant got down from train and informed his son that he would be coming to home by auto but he did not reach. Next morning i.e. 16.02.2021 dead body of the informant's nephew was found lying by the side of the road.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.18762 of 2023(2) dt.17-05-2023 2/2 confessional statement of co-accused. The petitioner has no concern with the alleged occurrence and he is also not named in the FIR. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 05.05.2022 passed in Cr. Misc. No. 50442 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 09.12.2022.

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 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 Bhairabasthan P.S. Case No. 16 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-3rd, Jhanjharpur, District Madhubani.

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