Taslim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62639 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Taslim Miya S/o Late Samsul Miya R/o vill- Pokhara, ward no 13, P.S. - Patepur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Akash Kumar Mishra, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant suspects that all the F.I.R. named accused persons, including this petitioner, committed murder of the son of the informant for the reason that the son of the informant was in love with one Mussarat Khatoon, for which Patepur P.S. Case No. 01 of 2024 was lodged.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and have falsely been implicated in this case merely on suspicion. Petitioner is neither a family

Patna High Court CR. MISC. No.62639 of 2024(2) dt.06-12-2024 2/2 member of the Mussarat Khatoon nor has got any concern with the alleged occurrence. Petitioner, being co-villager of father of Mussarat Khatoon, has falsely been made accused in this case. There is no other tangible material available on record to show the complicity of the petitioner in this case. Petitioner has got no criminal antecedents and he is in custody since 28.04.2024. Moreover, charge-sheet has already been submitted.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail 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-1st Class, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 18 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T