Md.Shahzadhussain @ Md .Shahzad Hussain @ Natu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23427 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Amit Sagar Son of Late Naresh Ram Resident of Mohalla- Naya Tola, Dharahara Kothi, P.S.- Kadamkuan, Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23878 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Md. Amir Ali Son Of Md. Ikram Resident Of Bari Masjid, P.S. - Alamganj, District - Patna ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30705 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Md.Shahzadhussain @ Md .shahzad Hussain @ Natu Son Of Md. Jawedhussain @md. Jawed Hussain Resident Of Village- Lodi Katra, Patna City, P.S.- Khajekalan, District- Patna ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 23427 of 2024)

2/4 For the Petitioner/s :

Mr.Rakesh Dubey For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia (In CRIMINAL MISCELLANEOUS No. 23878 of 2024) For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Raj Kishor Singh (In CRIMINAL MISCELLANEOUS No. 30705 of 2024) For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of Arms Act.

It is a case of commission of murder of nephew by opening fire by unknown persons due to which he succumbed to injuries during the course of treatment. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor anything incriminating has been

3/4 recovered from their conscious possession. There is no eye witness of the alleged offence. The name of Amit Sagar (petitioner in Cr. Misc. No. 23427 of 2024) sprang up in this case on the basis of confessional statement of Md. Belal. Moreover, the petitioners are languishing in judicial custody for more than six months. Similarly situated co-accused Sintu Kumar has already been granted bail vide order dated 01.02.2024, passed in Cr. Misc. No. 84190 of 2023 by this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Kadamkuan P.S. Case No. 442 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount

4/4 each to the satisfaction of the learned Additional District & Sessions Judge XIII, Patna/concerned court. (Sunil Kumar Panwar, J) Nirajkrs/- U T