Md. Sarfraj Alam @ Md. Sarfraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60455 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== MD. SARFRAJ ALAM @ MD. SARFRAJ Son of Md. Sadik @ Md. Sadik Husain R/o vill - Rampur ward no. 5, P.S. - Chhatpur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv. Along with Mr. Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 147, 148, 149, 341, 342, 323, 307, 364, 302, 201, 120B, 379 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the son 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. There is no specific overt act against the petitioner rather the specific allegation of pressing testicles of the deceased is against co-accused Md. Farooq and co-accused

Patna High Court CR. MISC. No.60455 of 2023(3) dt.10-10-2023 2/2 Pervez has hanged the neck of the deceased. He submitted that So far as, this petitioner is concerned, there is general and omnibus allegation against him. On the basis of suspicion, petitioner has been implicated in the present case. As per Postmortem report, it appears that the death is caused by Asphyxia due to strangulation. He is languishing in judicial custody since 07.06.2023.

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 the 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 Chief Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 182 of 2023. (Sunil Kumar Panwar, J) Arish/- U T