Patna High CourtCR. MISC./61058/2023allowed

Nasaruddin Ahmad @ Nasaru @ Nasruddin Ahmad v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61058 of 2023 Arising Out of PS. Case No.-631 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== NASARUDDIN AHMAD @ NASARU @ NASRUDDIN AHMAD S/O FUL MOHAMMAD R/O VILLAGE- BIDURTI HATA, P.S- SIWAN TOWN, DISTT.- SIWAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Learned counsel for the petitioner is permitted to make necessary correction in this bail petition in course of the day.

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

3. The petitioner has prayed for regular bail in a case instituted for the offence under Section 365 of the Indian Penal Code and later on added Sections 364, 302, 201, 120B, 34 of the Indian Penal Code.

4. As per prosecution case, the informant alleged that

Patna High Court CR. MISC. No.61058 of 2023(2) dt.15-09-2023 2/3 his elder son Vishal Kumar Singh left house and went by his black scorpio along with two named persons. However, his son did not return in the night. On the next day, i.e., on 08.11.2021, informant received a phone call from Mirganj P.S. that the said scorpio car was found abandoned condition.

5. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused persons. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the others co-accused have already been granted bail by this Bench vide order dated 20.06.2023 passed in Cr. Misc. No. 52186 of 2022/ 60490 of 2022. He is languishing in judicial custody since 27.06.2023.

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

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged

Patna High Court CR. MISC. No.61058 of 2023(2) dt.15-09-2023 3/3 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 Court below in connection with Siwan City P.S. Case No. 631 of 2021.

(Sunil Kumar Panwar, J) arish/- U