Md. Sarfraj @ Md. Sarafraj @ Md. Sarfaraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29624 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Md. Sarfraj @ Md. Sarafraj @ Md. Sarfaraz Son Of Md. Soraj @ Md. Siraz @ Md. Siraj @ Md. Swaraj @ Sohraz Resident Of Village- Gurudaspur (Gurdaspur), Bichala Tola, (Bichli Tola), P.S.- Mansoor Chak (Mansur Chak), Dist.- Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.
3. As per FIR, an unidentified dead body was found by the police. A suspicion has been raised that unknown miscreants had murdered that person by way of sharp cut weapon.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis
Patna High Court CR. MISC. No.29624 of 2024(2) dt.02-05-2024 2/3 of confessional statement of other co-accused person, namely, Barun Kumar@ Kanhaiya before the police which has got no evidentiary value in the eye of law. No any specific overt act of commission of murder has been attributed against the petitioner only allegation as alleged against him is that he has having conspiracy in this case. Nothing consistent material has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.01.2024. Similarly situated co-accused, namely Md. Hasmat has already been granted bail vide order dated 24.01.2024, passed in Cr. Misc. No. 78622 of 2023 by this Court.
5. Learned APP appearing for the state and learned counsel on behalf of the informant have opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barauni P.S. Case No. 375 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.29624 of 2024(2) dt.02-05-2024 3/3 learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) sushma/- U T