Aadil Ali @Adil Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42221 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Aadil Ali @ADIL Ali Son Of Ahmad Ali Resident Of Villge- Basdila Bazar, P S - Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 302, 109 and 120B of the Indian Penal Code.

As per prosecution case, it is a case of commission of murder of the informant's son namely Ankit Kumar by the accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. There is general and omnibus allegation levelled against the petitioner and other accused persons. No specific overt act of assaulting to the deceased is against the petitioner rather the allegation against the

Patna High Court CR. MISC. No.42221 of 2023(3) dt.08-08-2023 2/2 petitioner is that he along with other accused persons assaulted to three persons namely Hariom Kumar, Chandan Kumar and Shivam Kumar who had came to save the deceased. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other accused namely Subhan Ahmad has already been enlarged on bail by another coordinate Bench of this Court vide order dated 25.07.2023 passed in Cr. Misc. No. 44275 of 2023. It is also submitted that petitioner is languishing in judicial custody since 29.01.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gopalganj Town P.S. Case No. 62 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) lata/- U T