Abrej @ Aale @ Md. Awarej @ Ale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47521 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== ABREJ @ AALE @ MD. AWAREJ @ ALE Son of Md. Muslim Resident of Village - Morwa Bajar, ward no. 07, P.S. - Tajpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

1. 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 Musrigharari P.S. Case No. 32 of 2023 dated 28.02.2023 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, unknown miscreants are alleged to have shot the informant's son shot dead when he had gone to the field of barley for cutting it on motorcycle.

Patna High Court CR. MISC. No.47521 of 2023(2) dt.04-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner was remanded from the Tajpur P.S. Case No. 113 of 2023 on 24.03.2023.

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, Samastipur in connection with Musrigharari P.S. Case No. 32 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T