Md. Sikander v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25735 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- HABIBPUR District- Bhagalpur ====================================================== MD. SIKANDER S/o Late Md. Abbas @ Late Abbas R/o villageKhilafatnagar, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-08-2022 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 through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/s 324, 302 read with 34 of the Indian Penal Code.

As per the prosecution case, the informant in her statement recorded on 26.02.2021 has stated that one of his neighbour Md. Afsar, used to threaten the informant and her husband to kill and ultimately the accused Md. Afsar killed her husband by knife with the help of other accused persons.

Patna High Court CR. MISC. No.25735 of 2022(2) dt.26-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. It is further stated that one of the co-accused has already been granted bail by a Co-ordinate Bench vide order dated 23.02.2022 passed in Cr. Misc. No. 45043 of 2021. The petitioner is in custody since 30.10.2021.

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, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-10th, Bhagalpur, in connection with S.Tr No. 660/2021, Habibpur P.S. Case No. 33 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T

Patna High Court CR. MISC. No.25735 of 2022(2) dt.26-08-2022 3/3