Sonu @ Md. Nijamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67476 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== SONU @ MD. NIJAMUDDIN, Son of Md. Kalamuddin R/v- Raiyam, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Bhairavsthan P.S. Case No. 107 of 2021 registered for the offence(s) punishable under Section(s) 302, 201/34 of the Indian Penal Code.

As per the prosecution, this petitioner along with other co-accused persons murdered the brother of the informant by slitting his throat. Further, it is alleged that this petitioner and the deceased's wife were having illicit relation. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young person and has fair and clean antecedent, he has been made

Patna High Court CR. MISC. No.67476 of 2022(2) dt.23-03-2023 2/3 accused mainly on the basis of rivalry with the informant with whom the petitioner also has tense relation and except the petitioner's statement given before the police there is no any other material to connect him to the alleged occurrence, from his possession no incriminating material was recovered, at the time of commission of the alleged occurrence the petitioner was at his home and in the present matter he has been languishing in jail since 17.09.2021 and in the FIR, the informant mainly raised suspicion against the petitioner and other co-accused persons and informant is not stated to be an eye-witness of the alleged occurrence. Further submission is that co-accused Jasima Khatoon, Md. Ujair and Md. Barkat @ Hira, Ekvamul @ Chhotu and Hadisha Khatoon, out of whom three are named in the FIR, have been granted bail by different co-ordinate Benches of this Court vide order passed in Cr. Misc. Nos. 23753 of 2022, 11099 of 2022, 11439 of 2022 and 18143 of 2022 respectively.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly considering the petitioner's custody period and the privilege of bail having been granted to several co-accused persons, as

Patna High Court CR. MISC. No.67476 of 2022(2) dt.23-03-2023 3/3 mentioned above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bhairavsthan P.S. Case No. 107 of 2021.

(Shailendra Singh, J) Sanjay/- U T