Md. Ajmal Nadaf @ Ajlam Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25729 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Md. Ajmal Nadaf @ Ajlam Nadaf Son Of Md. Muslim Nadaf R/O VillageGhanshyampur Haripur Tole Badiya, P.S.- Ghanshyampur, DistrictDarbhanga. ... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Ghanshyampur P.S. Case No. 156 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 17.06.2022.
The allegation against petitioner is to commit murder of nephew of informant along with other 24 named co-accused persons and 20-25 unnamed co-accused persons, where all the
Patna High Court CR. MISC. No.25729 of 2023(3) dt.28-07-2023 2/3 accused persons are the followers of particular region. Learned counsel appearing on behalf of the petitioner submitted that the allegation is appearing very much general and omnibus against this petitioner in the background of the allegation as it is appearing from the narration of F.I.R. itself. It is submitted that similarly situated co-accused, namely, Md. Jasim has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 11826 of 2023 vide order dated 05.05.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, by taking note of the fact as allegation qua physical assault causing death of nephew of informant is appearing very much general and omnibus against against this petitioner. coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 17.06.2022, accordingly, the petitioner above named, is directed to be released on bail in connection with Ghanshyampur P.S. Case No. 156 of 2022 on
Patna High Court CR. MISC. No.25729 of 2023(3) dt.28-07-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Biraul, DisttDarbhanga/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T