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Patna High CourtCR. MISC./68488/2025allowed

Md. Gulzar v. The State Of Bihar

2025-09-19Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68488 of 2025 Arising Out of PS. Case No.-530 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Md. Gulzar Son of Md. Nasim Resident of Vill.- Rahmatganj Sabnam, Dr. Ke Gali, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-09-2025 Heard Mr. Satish Chandra, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with S.Tr. No. 1421 of 2024 arising out of Masaurhi P.S. Case No. 530 of 2024 registered for the offence punishable under Sections 363, 365, 302/201 of the Indian Penal Code which was earlier rejected by this Court vide order dated 27.02.2025 passed by this Court in Cr. Misc. No. 76941 of 2024 with liberty to renew his prayer for bail after six months if the trial is not concluded.

4. Learned counsel for the petitioner has submitted that though charge has been framed in the month of January but till today, no witness has been examined. He also submits that save and except the statement of the wife of the petitioner, there

Patna High Court CR. MISC. No.68488 of 2025(2) dt.19-09-2025 2/3 is nothing on the record and the wife of the petitioner is also not the eye witness. His case is fully based on circumstantial evidence. Moreover, the petitioner is languishing in judicial custody since 26.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that as far as merit of this case is concerned, the petitioner was earlier informant of this case. During course of the investigation, the wife of the petitioner disclosed that while she had gone to hospital with the child, she was in a queue and the petitioner was with his son. After some time, when she started searching her husband, she found that the petitioner and her son were missing. When the wife of the informant asked the petitioner regarding her son, he pressed her neck and told her that he has killed the child and that he will also kill her as well.

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 Additional Sessions Judge 1st Class, Masaurhi at Patna in

Patna High Court CR. MISC. No.68488 of 2025(2) dt.19-09-2025 3/3 connection with S.Tr. No. 1421 of 2024 arising out of Masaurhi P.S. Case No. 530 of 2024.

(Ashok Kumar Pandey, J) Sudhanshu/- U T