Md. Shakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63227 of 2023 Arising Out of PS. Case No.-359 Year-2023 Thana- BIHAR District- Nalanda ====================================================== MD. SHAKIL Son of Md. Azim Mian @ Aminuddin Resident of VillageNaya Tola Bari Dargah, P.S.-Bihar, District-Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 290, 336, 120(B) of the Indian Penal Code and section 3⁄4 of the Explosive Substance Act.
3. As per allegation in the FIR, police party received information about smoking out of a hut and 3-4 persons became injured who were trying to escape. The same was captured in CCTV footage and the petitioner was identified as one of the accused person. Accordingly the FIR.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No incriminating article has been recovered from possession of the
Patna High Court CR. MISC. No.63227 of 2023(2) dt.09-10-2023 2/2 petitioner. No one is the eye witness of the alleged occurrence. His confessional statement was recorded after applying force by the police official. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.08.2023 passed in Cr. Misc. No. 53100 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 24.4.2023.
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, 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 CJM, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 359 of 2023.
(Sunil Kumar Panwar, J) sushma/- U