Patna High CourtCR. MISC./72326/2023allowed

Md. Irfan v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72326 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Md. Irfan Son Of Khurshid Alam R/O- Chhoti Bazar Gandhi Murti Tenant House Of Sahnawaz Sir Ps- Khajekalan Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120B and 34 of the Indian Penal Code.

3. As per FIR, some unknown persons have committed murder of the informant's son.

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. The petitioner is not named in FIR rather his name came into light in this case during the course of investigation on the basis of suspicion. There is no eye witness of the alleged occurrence and also nothing consistent material has come against the petitioner in respect of

Patna High Court CR. MISC. No.72326 of 2023(3) dt.19-12-2023 2/2 commission of murder of the informant's son. 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 27.04.2023.

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 Khajekalan P.S. Case No. 154 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, Patna.

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