Md. Nafiz @ Md. Nafish @ Md. Nafish Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50037 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.
Md. Nafiz @ Md. Nafish @ Md. Nafish Alam Son Of Md. Imamuddin Resident Of Village- Badki Badi Sabutar, P.S.- K. Nagar, District- Purnea. 2.
Md Nafiz Alias Md Nafish Alias Md Nafish Alam Badki Badi Sabutar Thana K. Nagar District Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr.Ajay Kumar No. 2, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the petitioners and the State.
Petitioners seek regular bail in a case registered under sections 394, 397 and 302 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, two accused persons are stated to have stopped the brother of the informant on the point of a firearm and on protest the accused fired on him as a result of which his brother fell down injured and died subsequently. It is submitted by learned counsel for the petitioners that the FIR was registered against unknown and name of the petitioners transpired in course of investigation in the confessional statement o co-accused Md. Dilwar Alam, who has already been allowed bail by a co-ordinate bench of this Court vide order dated 3.11.2022, passed in Cr.Misc.No. 28937/21. No incriminating material has been recovered from the
Patna High Court CR. MISC. No.50037 of 2021(3) dt.13-01-2022 2/2 conscious possession of the petitioners. Petitioners are in custody since 22.1.2021. Charge sheet has already been submitted.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the Court directs the petitioners as mentioned above to be enlarged on bail in connection with K.Nagar (Champa nagar) P.S. Case no. 322 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea. (Prabhat Kumar Singh, J) Shashi U T