Md. Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60394 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== MD. JAMAL Son of Md. Mahruddin @ Bideshi @ Shekh Videshi R/VPokhariya, Ward No. 1, P.S- Srinagar, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 326, 120B,506/34 of the Indian Penal Code. As per prosecution case, informant alleged that petitioner along with accused persons were dragging his son, and after the order of the petitioner, co-accused namely Osama fired gun shot over the informant's son.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner and informant are co-villagers and there are previous animosity between them, on the basis of this, he has falsely been implicated in this case. It is further submitted that the

Patna High Court CR. MISC. No.60394 of 2022(3) dt.16-03-2023 2/2 occurrence took place on 24.01.2022 and the FIR has been lodged after five days delay on 29.01.2022. There is no specific overt-act of firing against the petitioner. He has got no criminal antecedent and languishing in judicial custody since 01.05.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

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 released on bail in connection with Srinagar P.S. Case No. 14 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura. (Sunil Kumar Panwar, J) Manish/- U T