Patna High CourtCR. MISC./53696/2023bail granted

Jimmy @ Md Jimmy @ Md Sahanwaz v. The State Of Bihar

2023-08-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53696 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Jimmy @ Md Jimmy @ Md Sahanwaz, aged about 22 years, son of Md Sikandar, resident of mohalla- Dargah Karbala, Near Chhoti Maszid, P.S -Sultanganj, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sultanganj PS Case No.166 of 2022 dated 15.05.2022, instituted under Sections 341, 324, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The informant has alleged that he got information on mobile that his younger brother has been killed by Bhondu and 3-4 unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The cousin of the informant, Farida Khatoon, in her subsequent statement has named the petitioner. Specific allegation of firing is against Bhondu that he

Patna High Court CR. MISC. No.53696 of 2023(2) dt.23-08-2023 2/2 fired upon the deceased. Learned counsel further submits that co-accused, Sanny @ Md. Sanny, has been granted bail by a coordinate Bench of this Court by order dated 17.07.2023 passed in Cr. Misc. No.39463 of 2023. Lastly, it is submitted that the petitioner has clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna City, Patna, in Sultanganj PS Case No.166 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T