Patna High CourtCR. MISC./46285/2024bail granted

Md. Naeem Akhtar @ Md. Naim v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46285 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Md. Naeem Akhtar @ Md. Naim Son of Md. Ramjan Ali @ Md. Ramjani R/O Vill.-Bargaon Ward No 05, Muslim Tola, P.S.- Alamnagar, (ratwara O.P.), Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Senior Advocate Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Alamnagar (Ratwara O.P.) P.S. Case No. 128 of 2024, instituted for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, daughter of the informant was shot dead by her husband along with the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.46285 of 2024(3) dt.26-10-2024 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is Bhainsur of the deceased and he is separate in mess and business with his wife from the deceased and her husband. There is no allegation of torture, assault and demand of dowry alleged by the informant. It is further submitted that there is no specific allegation attributed against the petitioner. The petitioner is in custody since 28.03.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released 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 Court below/concerned Court in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 128 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T