Abrej @ Aale @ Md. Awarej @ Ale v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50255 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- TAJPUR 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 SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 120(B), 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is a case of commission of murder of the son of the informant Subham Kumar Mishra and his friend Anmol Kumar Sharma.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.50255 of 2023(3) dt.12-09-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the basis of confessional statement of co-accused Md. Tasleem @ Md. Haikal which has no evidentiary value in the eye of law. During investigation, no consistent material evidence was collected against the petitioner. The petitioner was not apprehended from the spot. Nothing was recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 06.03.2023.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.50255 of 2023(3) dt.12-09-2023 3/3 Judicial Magistrate, 1st, Samastipur in connection with Tajpur P.S. Case No. 113 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T