Patna High CourtCR. MISC./47251/2023bail granted

Jahiruddin v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47251 of 2023 Arising Out of PS. Case No.-187 Year-2018 Thana- SONEPUR District- Saran ====================================================== JAHIRUDDIN SON OF LATE ISRAIL MIYA RESIDENT OF VILLAGE - TAJPUR, BASAHI, PS- JANTA BAZAR, DISTT- CHAPRA SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Ms. Shrada Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sonepur P.S. Case No. 187 of 2018 dated 12.03.2018 registered for the offence punishable u/s 302 and 201 read with 34 of the Indian Penal Code.

4. As per the prosecution case, unknown miscreants are alleged to have committed murder of an unknown person and his dead body was thrown in the ditch.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. The petitioner is not named in the

Patna High Court CR. MISC. No.47251 of 2023(2) dt.03-08-2023 2/2 F.I.R. The name of the petitioner has sprung up during the course of investigation. There is no eye witness to the occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 satisfaction of learned Court concerned, Chapra at Saran in connection with Sonepur P.S. Case No. 187 of 2018, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T