Abadulla @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1453 of 2022 Arising Out of PS. Case No.-379 Year-2021 Thana- JOKIHAT District- Araria ====================================================== ABADULLA @ MUNNA Son of Hasim Resident of Village- Chainpur, Hasimtola, P.S.- Jokihat (Mahalgaon), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the informant states that she received information about her son having suddenly died. Subsequently at the time of the burial, she found traces of blood and then came to realise that he has not died a natural death but was killed by the seven named accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case merely on the basis of suspicion for no good reason. For an occurrence which is said to have taken place on 31.7.2021, the

Patna High Court CR. MISC. No.1453 of 2022(3) dt.06-01-2023 2/2 FIR was registered after a delay of five days on 5.8.2021 with no reasonable explanation for the same. The petitioner is in custody since 15.8.2021. Investigation in the case has concluded. He has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the material that has transpired in course of investigation, the delay of five days in lodging of the FIR, the petitioner having remained in custody for more than 1 year 4 months since 15.8.2021 and the investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Jokihat (Mahalgaon) P.S. Case no. 379 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) Spd/- U T