Mohammad Azaharuddin @ Dulare @ Azaharuddin @ Dulare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35989 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- SIWAN RAIL P.S. District- Saran ====================================================== Mohammad Azaharuddin @ Dulare @ Azaharuddin @ Dulare Son of Nasruddin Resident of Village-Nawalpur, Police Station-Town, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K.Sinha, Sr. Adv.

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-03-2021 Heard Sri D.K.Sinha, the learned Senior Counsel for the petitioner and Sri Chandra Bhushan Prasad, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Siwan Rail P.S. Case No. 255 of 2019, registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The case of the prosecution in brief is that the informant along with his son and daughter-inlaw of the informant had come to their village from Kolkata for the purposes of attending marriage ceremony of their relative and subsequently the son of the informant had gone to

Patna High Court CR. MISC. No.35989 of 2020(4) dt.19-03-2021 2/3 Siwan Railway Station for taking his wife to Kolkata, on the alleged date and time of occurrence, however, subsequently, the informant got information that his son had been shot in the head resulting in his death.

The learned Senior Counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 11.12.2019. The learned Senior Counsel for the petitioner has further submitted that there is no eye-witness to the alleged occurrence and the name of the petitioner has transpired in the present case merely upon confessional statement having been made by the daughter-in-law of the informant.

Per contra, the learned APP for the State, Sri Chandra Bhushan Prasad, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking

Patna High Court CR. MISC. No.35989 of 2020(4) dt.19-03-2021 3/3 into account the materials available on record as also those available in the case diary, this Court finds that there is minuscule evidence available in the case diary so as to connect the petitioner with the alleged crime and moreover, there is no eyewitness to the alleged occurrence and the petitioner has been roped in the present case merely on suspicion, apart from the fact that he is having a clean antecedent and he is languishing in custody since 11.12.2019, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate (Railway), Sonpur, District-Saran in connection with Siwan Rail P.S. Case No. 255 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T