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Patna High CourtCR. MISC./33609/2020bail granted

Md. Arzoo v. The State Of Bihar,

2020-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33609 of 2020 Arising Out of PS. Case No.-259 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== Md. Arzoo son of Md. Ashraf Ali @ Chand, resident of Mohalla - Shahsupan, P.S. - Laharia Sarai, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. The prosecution case in short is that the accused persons shot fire at the son of the informant due to which he died.

Patna High Court CR. MISC. No.33609 of 2020(2) dt.15-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.12.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The main allegation of firing is alleged against co-accused namely Bipin Rai. As far as petitioner is concerned, there is no allegation of assault alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Town P.S. Case No. 259/2018 in connection with learned Chief Judicial Magistrate Darbhanga.

(Sudhir Singh, J) Pankaj/- U T