Patna High CourtCR. MISC./72208/2023allowed

Md. Adeem v. The State Of Bihar

2023-12-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72208 of 2023 Arising Out of PS. Case No.-317 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== MD. ADEEM SON OF AFTAB ALAM @ ALI AHMAD RESIDENT OF MOHALLA- KHETARI, P.S.- ARA TOWN, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 379 and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the Bahnoi of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is no consistent evidence and no eye-witness of the alleged occurrence to show the complicity of the petitioner. The name of the petitioner has come into light on the basis of disclosure by one Guddu Kumar, which has got no evidentiary value in the

Patna High Court CR. MISC. No.72208 of 2023(3) dt.08-12-2023 2/2 eyes of law. There is no any direct evidence has come against the petitioner only on the basis of suspicion, petitioner has been made accused in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 25.04.2023.

5. The application for bail is opposed by learned APP for the State and submitted that the petitioner is named in the FIR.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 3rd Additional District and Session Judge, Bhojpur at Ara in connection with Ara Town P.S. Case No. 317 of 2023.

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