Sahzad Shaif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51454 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== SAHZAD SHAIF S/o Late Md. Taslim Resident of Village- Piparhiya, P.S.- Barauli, District- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-12-2022 The matter has been taken-up through video conference.

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

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code.

The allegation against the petitioner and other coaccused persons is to commit murder of the brother of the informant due to previous differences regarding payment of Rs. 2,70,000/-(Rupees Two Lakh Seventy Thousand). Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no eye-witness of the occurrence and he has been implicated in this case on the basis

Patna High Court CR. MISC. No.51454 of 2022(2) dt.09-12-2022 2/2 of suspicion. Learned counsel for the petitioner further submits that another co-accused, namely, Gufran Alam has been granted bail vide order dated 05.07.2022 passed in Criminal Miscellaneous No. 8844 of 2022 and another co-accused, namely, Munna Chaudhary has also been granted bail vide order dated 05.07.2022 passed in Criminal Miscellaneous 9422 of 2022 by a co-ordinate Bench of this Court. The petitioner is in custody since 06.05.2022, is a person with clean antecedent and charge-sheet has been submitted in the case.

Mr. Lalan Kumar, learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned ACJM, IX, Gopalganj in connection with Uchkagaon P.S. Case No. 42 of 2021.

(Khatim Reza, J) Sankalp/- U T