Md. Noor Hasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47803 of 2023 Arising Out of PS. Case No.-948 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Noor Hasan, male, aged about 32 years, son of Mohammad Sahadat, resident of Raghu Tola, Dhanpura Ward No.- 34, P.S.- Ara Town, District - Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shive Kumar, Advocate For the Opposite Party :
Mr. Amitesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Ara Nagar P.S. Case No. 948 of 2022 dated 11.11.2022, instituted for the offence punishable under Sections 302, 120(b) and 34 of the Indian Penal Code Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. As per F.I.R., some unknown miscreants killed the son of the informant, namely, Vikky @ Shashikant. The informant has four sons, who eking out their livelihood through business or services. His son, namely, Vikky @ Shashikant had differences with his brothers in property matter about two years ago and thereafter, he lived in a rented house.
Patna High Court CR. MISC. No.47803 of 2023(2) dt.11-08-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The petitioner is not named in this case he has been made accused only on the basis of confessional statement of Akhtar Hussain. It is further submitted that similarly situated other coaccused persons namely, Md. Mustafa and Md. Irfan have already been granted regular bail vide order dated 16.05.2023 passed in Criminal Miscellaneous No. 11390 of 2023 & Criminal Miscellaneous No. 18684 of 2023 and other accused person, namely, Md. Amir has also granted regular bail by a Coordinate Bench of this Court vide order dated 22.05.2023 passed in Criminal Miscellaneous No. 17180 of 2023. Lastly, it has been submitted that he has one criminal case is pending against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ara Nagar P.S. Case No. 948 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.47803 of 2023(2) dt.11-08-2023 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to conditions as laid down under Section 438(2) of the Criminal Procedure Code.
(Khatim Reza, J) Gaurav Kumar/- U