Md. Syaad @ Lucky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51852 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Syaad @ Lucky Son Of Md. Zainul R/O Village- Khalispur, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Samastipur Town P.S. Case No. 60 of 2022 registered under sections 302, 201 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

Allegation against the petitioner along with other coaccused persons is that they committed murder of the informant's son.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that from the dead body of the victim, two

Patna High Court CR. MISC. No.51852 of 2022(6) dt.05-04-2023 2/3 mobile phones, two country made pistols, two live cartridges, two blank cartridges and a scorpio vehicle were recovered. However, during investigation, it was found that petitioner is neither owner of the vehicle in question nor the seized mobiles phones are registered in the name of the petitioner. It is also submitted that the marital life of the deceased was very much disturbed as the deceased had performed three marriages. Hence, there might be a possibility that due to disturbed matrimonial relationship, the deceased might have committed suicide. During investigation, no concrete and consistent evidence was collected against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.03.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Samastipur

Patna High Court CR. MISC. No.51852 of 2022(6) dt.05-04-2023 3/3 Town P.S. Case No. 60 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Samastipur.

(Sunil Kumar Panwar, J) shubham/- U T