Abdul Hannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55451 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- KORHA District- Katihar ====================================================== 1.

ABDUL HANNAN Son of Late Md. Ali Resident of village - Sahariya, P.S. - Barari, Distt. - Katihar 2.

Md. Habibur Rahman Son of Abdul Hannan Resident of village - Sahariya, P.S. - Barari, Distt. - Katihar 3.

Md. Rafik Son of Abdul Hannan Resident of village - Sahariya, P.S. - Barari, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per allegation in the FIR, it is a case of commission of murder to the informant brother, namely, Sarmajul by the accused persons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner are innocent and have been falsely implicated in this case. Petitioner no. 1 is father of petitioner no.

Patna High Court CR. MISC. No.55451 of 2023(2) dt.30-08-2023 2/2 2 and 3. No one is the eye witness of the occurrence. Save and except suspicion, nothing has come against the petitioners to show their complicity. No specific allegation has been levelled against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 25.2.2023 passed in Cr. Misc. No. 66384 of 2022. Petitioners are languishing in judicial custody since 18.5.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Korha P.S. Cae No. 290 of 2022. (Sunil Kumar Panwar, J) sushma/- U