Patna High CourtCR. MISC./58979/2023allowed

Jawed Alam v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58979 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== JAWED ALAM Son of Late Zaheer Ahmad R/o vill - Kuari, ward no. 08, P.s. - Kursakanta (Kuari O.P.), Distt. - Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 380, 460, 120B of the IPC.

3. As per prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the wife of the informant by cutting her neck. Further, the accused persons also committed theft of cash and jewellery from the Almirah, which was kept in the house of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The deceased is the younger sister-in-law of the petitioner. There is an admitted land dispute between the

Patna High Court CR. MISC. No.58979 of 2023(2) dt.04-09-2023 2/2 parties. There is general and omnibus allegation against the petitioner. No incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 04.08.2023 passed in Cr. Misc. No. 47501 of 2023. He is languishing in judicial custody since 21.07.2023.

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

6. 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 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 Kursakanta P.S. Case No. 111 of 2023.

(Sunil Kumar Panwar, J) arish/- U