Mohammad Shahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47512 of 2022 Arising Out of PS. Case No.-488 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== MOHAMMAD SHAHZAD S/o Salauddin R/o village- Bhaluhipur, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Prabhat Kumar Singh, Advocate For the State :

Mr.Md. Matloob Rab, APP For the informant :

Mr.Amit Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main bail application, in the light of the statement made in the supplementary affidavit, in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 302, 120B/34 of the Indian Penal Code. Allegation is that two unknown miscreants shot dead the

Patna High Court CR. MISC. No.47512 of 2022(2) dt.21-12-2022 2/2 husband of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.06.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case on the confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Other co-accused has been granted bail vide Annexure 1 to the supplementary affidavit.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. case No.488 of 2022.

(Sudhir Singh, J) Narendra/- U T