Md. Parvez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45354 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Md. Parvez Son Of Md. Mahmood Resident Of Mohalla - Agarwal Tola, Loharwa Ghat, P.S. - Alamganj, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Abdul Mannan Khan, Adv.

Mr. Hafiz Shahbaz Arif For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code and Section 27 of Arms Act.

3. It is a case of commission of murder of nephew of the informant by opening fire by unknown miscrants due to which he succumbed to injuries during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name has been transpired in this case on the basis of suspicion thereafter his self confessional statement was recorded which is inadmissible in

Patna High Court CR. MISC. No.45354 of 2024(2) dt.02-07-2024 2/2 the eye of law. During investigation, no consistent material has come against the petitioner. Similarly situated Co-accused Md. Belal and Md. Gulrej have been enlarged on bail by this Court vide order dated 15.5.2024 passed in Cr. Misc No. 23361 of 2024 and 25096 of 2024 and the same has been annexed as Annexure-2 series. It is further submitted that the petitioner is languishing in judicial custody since 6.8.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kadamkuan P.S. Case No. 442 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII, Patna.

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