Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72694 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Md. Naushad S/O Abdul Salam R/O Village- Bara Sumera, P.S.- Kudhani, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal (Sr. Adv) Mr.Prabhat Kumar Singh Mr. Kumar Rajdeep For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Industrial Area P.S. Case No. 13 of 2021 registered under sections 302, 201 and 379 of the Indian Penal Code.

As per allegation in the F.I.R, when the father of the informant was coming to Hajipur by train after attending marriage ceremony. He had telephonic conversation with him and his father informed that he has reached "Paswan Chowk". It is further alleged that thereafter his father's phone became unreachable and he did not return home in the night. Thereafter police had informed him that an unidentified body was found

Patna High Court CR. MISC. No.72694 of 2022(2) dt.20-03-2023 2/3 and after going through the photo of the deceased, the informant recognized him as his father.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is not named in F.I.R. rather his name has been transpired in this case on the basis of confessional statement of other co-accused person, namely, Rohit Kumar before the police. Nothing incriminating has been recovered from the possession of the petitioner. It is further submitted from para-11 of this petition that co-accused, namely, Rohit Kumar, from whose possession mobile phone was recovered, has already been granted bail by the different co-ordinate Bench of this Court vide order dated 20.04.2022 in Cr. Misc. No. 50270 of 2021. The petitioner has no concern with the alleged offence and he is languishing in judicial custody since 13.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is

Patna High Court CR. MISC. No.72694 of 2022(2) dt.20-03-2023 3/3 directed to be enlarged on bail in connection with Industrial Area P.S. Case No. 13 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, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T