Emamul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67531 of 2025 Arising Out of PS. Case No.-272 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Emamul Haque, S/o Sekh Basir @ Wasir, R/o Village- Jamua, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-09-2025 Heard Mr. Nafisu Zzoha, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned APP for the State.
2. The petitioner has prayed for bail in connection with Dhaka P.S. Case No 272 of 2025.registered for the offence punishable under Sections 118(1), 126(1), 117(3), 109(1) and 3(5) of B.N.S.
3. The case of the prosecution is that certain accused persons have assaulted badly the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R., it is clear that the name of this petitioner is not there in the F.I.R. From perusal of the order of the trial Court it is clear that in para-111, the informant has
Patna High Court CR. MISC. No.67531 of 2025(2) dt.18-09-2025 2/2 given his restatement and in his restatement he has named this petitioner as the person who has electrocuted him. It has also been submitted that the occurrence is of 31.05.2025 at 9 P.M. whereas the F.I.R. is lodged on 02.06.2025 and at the time of filing of the F.I.R., the informant has stated that Neyaz has electrocuted him. It has also been submitted that the name of this petitioner has surfaced in this case in the later part of the investigation. Petitioner is having no criminal antecedent and he is in judicial custody since 22.06.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. 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 S.D.J.M., Sikarahan at Dhaka, East Champaran, Motihari in connection with Dhaka P.S. Case No. 272 of 2025. (Ashok Kumar Pandey, J) lata/- U T