Imtiyaz @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70456 of 2022 Arising Out of PS. Case No.-1075 Year-2021 Thana- ARARIA District- Araria ====================================================== Imtiyaz @ Pappu Son Of Mir Naiyar @ Maiyar Alam R/O VillageBasantpur, Mir Tola, Ward No.26, P.S. And District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 364, 302, 201 and 506/34 of the Indian Penal Code.

Informant suspects that this petitioner along with other FIR named accused persons committed murder of the informant's son and threw the dead body in Kabristan. Earlier also, these accused persons were involved in kidnapping of the victim, for which, another case had been lodged. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Informant is not eye witness of

Patna High Court CR. MISC. No.70456 of 2022(2) dt.28-02-2023 2/2 the occurrence. No other tangible evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Similarly situated co-accused, has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.10.2022 passed in Cr. Misc. No. 33193 of 2022 and vide order dated 24.11.2022 passed in Cr. Misc. No.27196 of 2022. Petitioner has got one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Araria P.S. Case No. 1075 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T