Md. Amanullah @ Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25042 of 2022 Arising Out of PS. Case No.-556 Year-2021 Thana- ARARIA District- Araria ====================================================== MD. AMANULLAH @ AMAN Son of Md. Abid Resident of Doriya Sonapur, Ward No. 12, P.S. - Simaraha, District - Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 and 201 read with 34 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, the informant's elder brother used to run an e-rickshaw. On 04.07.2021, he didn't come back to his house. Accordingly, a search was made but his brother could not be located anywhere, it is next alleged that on the very next morning on 05.07.2021, at about 6:00 A.M., the
Patna High Court CR. MISC. No.25042 of 2022(3) dt.29-09-2022 2/3 informant received an information that some unknown criminals shot the informant's elder brother dead and threw the dead body near the road to conceal the evidence. Thereafter, the informant reached the place of occurrence and identified the deceased as his elder brother, further the e-rickshaw was also missing. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up during the course of investigation. It is further submitted that one of the co-accused has already been granted bail by Co-ordinate Bench of this Court vide order dated 23.05.2022 passed in Cr. Misc. No. 72049 of 2022. The petitioner is also accused in four other criminal cases which are not related to murder as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2021.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.25042 of 2022(3) dt.29-09-2022 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Araria P.S. Case No. 556 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J) shobhakri/- U T