Md. Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71319 of 2024 Arising Out of PS. Case No.-465 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Md. Shahid S/O S.M. Taiyab @ S.M. Taiyab Parwana Resident of VillageNoon Gola near East Majar, Police Station- Hajipur Town, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP For the Informant :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan II, Advocate Smt. Kumari Rupa, Advocate Smt. Priyanka Kumari, Advocate Smt. Anjana Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in Hajipur Town P.S. Case No. 465 of 2024, instituted for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons shot dead the husband of the informant under a conspiracy.

Patna High Court CR. MISC. No.71319 of 2024(3) dt.02-12-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the police has arrested the petitioner from his house. It is further submitted that paragraph Nos. 20 and 22 of the case diary show that investigating officer has examined CCTV footage but the miscreant who was seen in the footage has not been identified till now. The petitioner is in custody since 01.07.2024 and has got one criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. Case No. 465 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.71319 of 2024(3) dt.02-12-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T