Patna High CourtCR. MISC./25096/2024allowed

Md. Gulrej v. The State Of Bihar

2024-05-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23361 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Md. Belal @ Md. Bilal S/o Md. Shahabuddin R/o Mohalla - Noon Ka Chauraha, P.S. - Khajekalan, Dist. - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25096 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Md. Gulrej Son of Md. Parwez Resident of Mohalla- Loharwa Ghat, P.S.- Alamganj, Dist.- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 23361 of 2024) For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare For the Informant :

Mr. Pramod Kumar Mr. Sikandar (In CRIMINAL MISCELLANEOUS No. 25096 of 2024) For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Anant Kumar 1 For the Informant :

Mr. Pramod Kumar Mr. Sikandar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners have prayed for grant of bail in connection with Kadamkuan P.S. Case No. 442 of 2023 registered under sections 302, 120B and 34 of the Indian Penal

Patna High Court CR. MISC. No.23361 of 2024(3) dt.15-05-2024 2/3 Code and Sections 25(1-b)a, 26 and 27 of the Arms Act.

3. It is case of commission of murder of nephew of the informant by opening fire by unknown persons due to which he succumbed to injuries during the course of treatment.

4. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. They are not named in FIR rather their name came during the course of investigation. Nothing consistent material has come against the petitioners in respect of commission of murder of the informant's nephew. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 26.04.2024 in Cr. Misc. Nos. 23427 of 2024, 23878 of 2024 and 30705 of 2024. Moreover, the petitioners are languishing in judicial custody since 06.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Kadamkuan P.S. Case

Patna High Court CR. MISC. No.23361 of 2024(3) dt.15-05-2024 3/3 No. 442 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XIII, Patna.

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