Md. Raja @ Langra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37442 of 2022 Arising Out of PS. Case No.-452 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== MD. RAJA @ LANGRA Son of Md. Firoz Resident of Pathan Toli (At present a tenant in the house of Pan Mohammad), P.S.- Alamganj, District - 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.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B read with 34 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the informant's younger brother used to make flax board for earning. There

Patna High Court CR. MISC. No.37442 of 2022(2) dt.29-09-2022 2/3 was quarrel between the informant's younger brother and the co-accused Md. Motahir prior to the alleged occurrence for which Md. Mothair threatened to kill him. On the day of the alleged occurrence, the petitioner called the deceased to Kali Ghat under conspiracy with the co-accused persons Md. Motahir and Md. Saddam. Thereafter, the co-accused Md. Motahir shot the informant's brother and the coaccused Saddam also gave a blow of knife on the informant's brother causing injury. When the informant went to rescue, the accused person fled away from there. Later, the brother of the informant was declared dead at P.M.C.H, Patna.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Charge-sheet has been already submitted against the petitioner. The specific allegation of firing is against the co-accused person. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 27.07.2021.

Patna High Court CR. MISC. No.37442 of 2022(2) dt.29-09-2022 3/3 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Patna City in connection with Alamganj P.S. Case No. 452 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T