Pir Mohammad @ Nagru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68740 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== PIR MOHAMMAD @ NAGRU S/o Md. Islam R/o Village- Laxmipur (Siswan Dhala), P.S.- Siwan Town, Distt- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201, 379/34 and 27 of the Arms Act.

As per allegation in the FIR, informant's son went outside without providing information to any family member by his motorcycle and did not return till late night and his mobile was also switched off then a search was made by his family members. During search, he found dead body of his son near chawar of Islamia Nagar and one bullet injury was present on his forehead apart from some other injuries on his body. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. .

Patna High Court CR. MISC. No.68740 of 2022(3) dt.12-04-2023 2/2 Petitioner is not named in the FIR. No one is the eye witness of the occurrence. On the basis of confession in another case i.e. G.B. Nagar P.S. Case No. 304 of 2021, the petitioner is made accused in the present case. Save and except, his self confessional statement, no consistent material has come during investigation to show his involvement in the present case. Petitioner is languishing in judicial custody since 8.7.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan in connection with Siwan Town P.S. Case No. 223 of 2021.

(Sunil Kumar Panwar, J) sushma/- U