Md. Ebo @ Md. Ebrar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69276 of 2023 Arising Out of PS. Case No.-327 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Md. Ebo @ Md. Ebrar S/O Late Moen R/O Badi Tarauna, P.S- Beldaur, Distt.- Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation in the FIR, on 25.11.2020, coaccused Md. Irfan called the brother of the informant (deceased) for Panchayati for land dispute where it has been alleged that several accused persons including the petitioner under a conspiracy, killed him.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged
Patna High Court CR. MISC. No.69276 of 2023(2) dt.02-11-2023 2/2 in the present case. General and omnibus allegation has been levelled against the petitioner. During investigation, no consistent material has come against him to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 7.2.2023 passed in Cr. Misc. No. 49207 of 2022. Petitioner is languishing in judicial custody since 10.12.2022.
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 Additional Sessions Judge V, Khagaria in connection with Beldour P.S. Case No. 327 of 2020.
(Sunil Kumar Panwar, J) sushma/- U