Md. Hajrat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78722 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== Md. Hajrat Son of Md. Bechu Mian Resident of Village- Aurha, P.S.- Laukahi, Distt.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhas Ranjan For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Laukahi P.S. Case No. 76 of 2024 dated 18.04.2024 registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the husband of the informant. It is further alleged that earlier the petitioner, Md. Hajrat had given a contract of Rs. 50,000/- to kill the husband of the informant as he objected the co-accused, Md. Akbar and Md. Mustaj for smuggling liquor in front of his house.
Patna High Court CR. MISC. No.78722 of 2024(5) dt.29-07-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. There is general and omnibus allegation against the petitioner. There is nothing against the petitioner except suspicion. The I.O. has recorded the statement of the petitioner and he has not stated about his participation in the murder of the deceased. It is further submitted that the deceased was last seen alive with the co-accused Md. Habibul whose bail application has already been rejected by this court vide order dated 24.02.2025 passed in Cr. Misc. No. 70822 of 2024. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. As per statement of the witness in para-9 of the case diary, he has stated that when the informant's husband went to sleep he saw that the petitioner and the coaccused, Md. Ayub were talking on the road near the madarsa. Then he went to his house to sleep and when he woke up in the morning, he came to know that the informant's husband was shot dead.
Patna High Court CR. MISC. No.78722 of 2024(5) dt.29-07-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Laukahi P.S. Case No. 76 of 2024, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). The petitioner is directed to cooperate in the trail before the learned court below.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T