Md. Eshlam Kuresi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 65406 of 2022 Arising Out of PS. Case No.-650 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.
Md. Eshlam Kuresi Son of Late Nasim Kuresi Resident of Village- Kasab Tola, P.S.- Ara Town, District- Bhojpur 2.
Md. Rizwan Kuresi Son of Late Nasim Kuresi Resident of Village- Kasab Tola, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh,, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners have preferred this application for grant of regular bail in a case registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, unknown miscreants fired two-three rounds from the window of the room of the informant while he was worshiping. On Halla the injured was taken to the hospital for treatment and due to darkness no
Patna High Court CR. MISC. No. 65406 of 2022(2) dt.13-03-2023 2/3 miscreant was identified by the informant.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are not named in the FIR. The name of the petitioners has sprung up in the confessional statement. There is no material against the petitioners except the confessional statement. The petitioners are in custody since 20.08.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Ara Town P.S. Case No. 650 of 2022, with a condition:-
1. The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners are liable to be cancelled.
Patna High Court CR. MISC. No. 65406 of 2022(2) dt.13-03-2023 3/3 The application stands allowed.
(Chandra Prakash Singh, J) Arish/- U T