Md Shahil @ Md Sahil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31225 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Md Shahil @ Md Sahil son of Md. Munna R/O - Haider colony. (A tenant of Md. Sarfaraj), P.S- Khajekalan, Distt - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120(B)/34 of the Indian Penal Code.
3. It is a case of murder. Some unknown miscreants are said to have committed murder of the informant's son when he went to his Nani house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no
Patna High Court CR. MISC. No.31225 of 2024(2) dt.02-05-2024 2/3 offence. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused Md. Irfan with whom, the petitioner has inimical term. There is no eye witness to the alleged occurrence. Similarly situated co-accused namely, Md. Irfan has already been granted bail by this Court vide order dt. 19.12.2023 passed in Cr. Misc. No. 72326 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 27.4.2023.
5. Learned APP appearing for the State has 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 Khajekalan P.S. Case No. 154 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with
Patna High Court CR. MISC. No.31225 of 2024(2) dt.02-05-2024 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Class, Patna City, Patna.
(Sunil Kumar Panwar, J) Shageer/- U T