Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38073 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== Md. Raja Son of Md. Ojair @ Md. Uzzair @ Udho Resident of Village - Muslim Tola, Sabour, P.S.- Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sabour P.S. Case No. 84 of 2021 lodged under Sections 302, 120(B) of the I.P.C. read with Section 27 of Arms Act. As per the prosecution case, 10 named accused persons were surrounded the victim/ husband of the informant and started open fire at the informant's husband. When he was stood near doorsteps of his house. When informant and another came out, all accused persons fled away on motorcycle and four wheeler.

Learned counsel for the petitioner submits that the present F.I.R. has been lodged against 10 named accused

Patna High Court CR. MISC. No.38073 of 2022(2) dt.10-11-2022 2/2 persons. Learned counsel submits that the name of the present petitioner is not named in the F.I.R. He further submits that name of present petitioner has figured in this case by virtue of confessional statement of the accused namely, Md. Mister @ Shahnawaj. Learned counsel submits that the said Md. Mister @ Shahnawaj has been granted bail by the Co-ordinate Bench of this Court vide order dated 21.09.2022 passed in Cr. Misc. No. 35104 of 2022. Learned counsel further submits that the antecedent of the petitioner is clean and he is in custody since 05.12.2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bhagalpur in connection with Sabour P.S. Case No. 84 of 2021 , subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T