Md. Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70056 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- KADWA District- Katihar ====================================================== MD. SULEMAN son of Md. Ramjan Ali Village- Kachaura West Chandpur Po- Chandpur Via Duragaganj Ps- Kadwa Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jibendra Mishra For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

3. as per FIR, the allegation against the FIR named accused persons is that they committed murder of the informant's mother and threw her dead body behind his house near a pond.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional

Patna High Court CR. MISC. No.70056 of 2023(3) dt.19-01-2024 2/2 statement of co-accused person, before the police which does get no evidentiary value in the eye of law. During investigation, nothing consistent material has found against the petitioner in respect of commission of this offence. There is no eye witness of the alleged occurrence and there is no specific allegation of murder levelled against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kadwa P.S. Case No. 136 of 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar.

(Sunil Kumar Panwar, J) manishkumar/- U T