Most Hafizan @ Hafizan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32087 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- JOGBANI District- Araria ====================================================== 1.

Most Hafizan @ Hafizan W/o Late Md. Zalil @ Zalil R/o vill - Tihali Tola Meerganj, ward no. 23, P.S. - Jogbani, Distt. - Araria (Bihar) 2.

Md. Nazzum @ Nazzum @ Nazzam S/o Late Md. Zalil @ Zalil R/o vill - Tihali Tola Meerganj, ward no. 23, P.S. - Jogbani, Distt. - Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Jogbani P.S. case No. 02 of 2024 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Prosecution story, in short, is that when the son of the informant had gone to collect the installment money from

Patna High Court CR. MISC. No.32087 of 2024(2) dt.26-04-2024 2/3 Md. Kaijum, all the accused persons including these petitioners abused and assaulted him. It is further alleged that the coaccused, Md. Kaijum gave knife blow on the neck of the informant's son due to which he sustained injuries and died.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case due to dirty village politics. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The specific allegation of assaulting with knife is attributed to co-accused Md. Kaijum. It has been submitted on behalf of the petitioners that the petitioners are in custody since 02.01.2024 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, general and omnibus allegation against the petitioners as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.32087 of 2024(2) dt.26-04-2024 3/3 below/concerned Court in connection with Jogbani P.S. case No. 02 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T