Md. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23498 of 2025 Arising Out of PS. Case No.-1303 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Allauddin Son of Md. Suleman vill -Marchi PS- Phulwari Sharif DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 1303 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. 3.

As per the prosecution case, the victim was married to one Ajmeri Khatoon and at the time of occurrence was staying with the in-laws. The informant, who is the brother of the deceased, alleged that they got telephonic information from Ajmeri Khatoon regarding death of his brother following illness for four to five days. Accordingly, they went there and saw mark on the neck, found it suspicious. Hence, the FIR. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.23498 of 2025(3) dt.29-07-2025 2/3 that the petitioner is in custody since 10-10-2023. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Ajmeri Khatoon and the same has no evidentiary value in the eye of law. It is alleged that Ajmeri Khatoon has confessed her guilt but even in her confessional statement there is no direct or specific allegation against the petitioner. Charge sheet in this case is submitted. Other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 01-07-2025, passed in Cr. Misc. No. 19207 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. As per postmortem report, doctor has opined that death is due to asphyxia and venous congestion; howsoever, opinion regarding manner of death is kept reserved. Other witnesses have also supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no

Patna High Court CR. MISC. No.23498 of 2025(3) dt.29-07-2025 3/3 direct allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the 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 Court below/concerned Court in connection with Phulwarisharif P.S. Case No. 1303 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T