Md. Sadique @ Md. Sadik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42254 of 2023 Arising Out of PS. Case No.-420 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Md. Sadique @ Md. Sadik Son Of Md. Murtuza Resident Of Village - Kasba, P.S. Ballia, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Fahimuddin For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120(B) and 34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the informant's son by the co-accused person along with this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity and village politics. The petitioner is not named in FIR rather his name came into light in this case on the basis of suspicion. It is further submitted that petitioner has no concern with the alleged

Patna High Court CR. MISC. No.42254 of 2023(3) dt.10-08-2023 2/2 occurrence. It is also submitted that there is neither any eye witness of the alleged occurrence nor any consistent evidence has come against the petitioner to implicate in the alleged offence. Moreover, he is languishing in judicial custody since 27.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ballia P.S. Case No. 420 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) lata/- U T