Patna High CourtCR. MISC./55703/2023allowed

Md Madrul v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55703 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== Md Madrul S/O Late Md. Latif R/O Village- Mirganj , Ps. Mirganj, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted one Md. Masid by means of stick and bamboo due to which he sustained injuries and later on he died during the course of his treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. There is case and counter case between both the parties and both parties have sustained injuries as alleged in separate occurrence.

Patna High Court CR. MISC. No.55703 of 2023(3) dt.29-11-2023 2/2 The petitioner was not arrested on spot. Nothing specific allegation has been levelled 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 23.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mirganj P.S. Case No. 12 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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