Patna High CourtCR. MISC./47501/2023bail granted

Hasan Alam @ Md. Hasan Alam @ Md. Hasan v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47501 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== HASAN ALAM @ MD. HASAN ALAM @ MD. HASAN SON OF MD. JAWED ALAM RESIDENT OF VILLAGE- KUARI, WARD NO. 8, PSKURSAKANTA (KUARI OP) , DISTT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== 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 Kursakanta (Kuari O.P.) P.S. Case No. 111 of 2023 dated 28.5.2023 registered for the offence punishable u/s 302, 380, 460, 120B of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the wife of the informant by cutting her neck. Further, the accused

Patna High Court CR. MISC. No.47501 of 2023(2) dt.04-08-2023 2/3 persons also committed theft of cash and jewellery from the Almirah which was kept in the house of the informant.

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. Learned counsel has further submitted that there is land dispute between the parties. The petitioner is accused in 3 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.5.2023.

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, Araria in connection with Kursakanta (Kuari O.P.) P.S. Case No. 111 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.47501 of 2023(2) dt.04-08-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

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