Md. Afzal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41093 of 2025 Arising Out of PS. Case No.-262 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Afzal Son of Md. Mobin Resident of Village - Sonbarsa Sah, P.S.- Maniyari, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sakra P.S. Case No. 262 of 2024 dated 14.05.2024 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 13.05.2024 at about 5.55 P.M. while the informant along with her husband was going for morning walk, in the meantime, all the F.I.R. named accused persons made indiscriminate firing due to which the informant's husband sustained injury and
Patna High Court CR. MISC. No.41093 of 2025(2) dt.25-08-2025 2/3 subsequently, he died during the course of treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. Learned counsel has further submitted that no legal and cogent evidence have come against the petitioner during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted bail by this court vide order dated 28.03.2025 passed in Cr. Misc. No. 19228/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.41093 of 2025(2) dt.25-08-2025 3/3 satisfaction of learned Court concerned, Muzaffarpur in connection with Sakra P.S. Case No. 262 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T