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Patna High CourtCR. MISC./25816/2023allowed

Mustafa Mian @ Mustafa Ansari v. The State Of Bihar

2023-07-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25816 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- CHAKAI District- Jamui ====================================================== 1.

MUSTAFA MIAN @ MUSTAFA ANSARI Son of Uddin Mian R/VPatauaa PS- Chakai Dist- Jamui 2.

Mumtaz Mian @ Mumtaz Ansari Son of Alijann Mian R/V- Patauaa PSChakai Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioners, informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of killing the minor son of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. There is no eye witness of the present case, only on the basis of suspicion the petitioners have been implicated in the present case. There is admitted land

Patna High Court CR. MISC. No.25816 of 2023(3) dt.31-07-2023 2/2 dispute between the parties. He further submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 11.07.2023 passed in Cr. Misc. No. 22491 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 05.01.2023.

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 the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Chakai P.S. Case No. 201 of 2022.

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