Md. Chand @ Chand Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71735 of 2023 Arising Out of PS. Case No.-20 Year-2015 Thana- BATHNAHA District- Sitamarhi ====================================================== MD. CHAND @ CHAND MOHAMMAD, Male, aged about 41 years, son of Juman Mansoori Village- Hirauta W.No-16, Ps- Hiramma Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bathnaha P.S. Case No.20 of 2015 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Allegation against the petitioner is to have committed murder of husband of the informant along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced during course of investigation. It

Patna High Court CR. MISC. No.71735 of 2023(7) dt.27-03-2024 2/2 is submitted that specific allegation is against other co-accused, namely, Santosh Chaudhary, who has already been convicted by the learned Sessions Judge, Sitamarhi through Sessions Trial No.488 of 2015. It is further submitted that the informant is eyewitness of the present occurrence, where, she did not whispered anything about the present petitioner. It is further submitted that petitioner is in custody since 09.02.2022.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Bathnaha P.S. Case No.20 of 2015 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 14th Additional Sessions Judge, Sitamarhi.

(Ramesh Chand Malviya, J) S.Katyayan/- U T