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Patna High CourtCR. MISC./24696/2023bail granted

Md Kasim @ Kasim v. The State Of Bihar

2023-07-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24696 of 2023 Arising Out of PS. Case No.-635 Year-2022 Thana- JOKIHAT District- Araria ====================================================== 1.

Md Kasim @ Kasim Son Of Tahir Resident Of Village - Karbola, Ward No. 09, P.S. - Jokihat, Distt. - Araria 2.

Aale @ Alee Ahamad Son Of Late Najbul @ Mazmul Haque Resident Of Village - Karbola, Ward No. 09, P.S. - Jokihat, Distt. - Araria 3.

Nayeem @ Naim Uddin @ Naimuddin Son Of Late Sayeed @ Saidur Rahman Resident Of Village - Karbola, Ward No. 09, P.S. - Jokihat, Distt. - Araria 4.

Aharar @ Aharar Alam @ Md Aharar Alam @ Mohammad Aharar Alam Son Of Late Mohasin Resident Of Village - Karbola, Ward No. 09, P.S. - Jokihat, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, on the information of the villager, informant went to shop and found that her father was lying dead with knife wound on the head. She believed that the petitioners and other accused persons, all named in the FIR, have killed him as they used to abuse and threaten the informant

Patna High Court CR. MISC. No.24696 of 2023(3) dt.13-07-2023 2/2 and her father (the victim) from before.

4. It is submitted on behalf of the petitioners that the petitioners have been named in the case on the basis of suspicion. Source of their identification has not been disclosed. No direct or indirect evidence has come against them during course of investigation to show their complicity in the occurrence. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Jokihat Police Station Case No. 635 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T