Md Mazid @ Majid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36333 of 2023 Arising Out of PS. Case No.-769 Year-2022 Thana- HISUWA District- Nawada ====================================================== MD MAZID @ Majid s/o of Md. Mustafa @ Mustafa Mian Resident of Makbara Chowk, Hisua, P.S.- Hisua, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP For the Informant Mr. Vibhuti Ranjan Sonvadra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. It is a case of commission of murder to the informant's son, namely, Md. Shahadat Hussain and his dead body was lying rear Railway Gumti. It is further alleged that his son was in love with a girl and informant suspects that her father in connivance with other accused persons killed his son. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the

Patna High Court CR. MISC. No.36333 of 2023(3) dt.25-08-2023 2/2 present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 3.8.2023 passed in Cr. Misc. No. 27681 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 28.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMVI, Nawada in connection with Hisua P.S. Case No. 769 of 2022.

(Sunil Kumar Panwar, J) sushma/- U