Gufran @ Gufran Alam @ Md. Gufran Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69680 of 2022 Arising Out of PS. Case No.-511 Year-2021 Thana- ARARIA District- Araria ====================================================== Gufran @ Gufran Alam @ Md. Gufran Alam Son Of Masi Alam @ Mashiurahman R/O Village- Chothi Purandaha, Ward No.1, P.S.- Forbesganj (simraha), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Araria (R.S.) P.S. Case No. 511 of 2021 registered under sections 302 and 201 of the Indian Penal Code.

As per prosecution case, it is stated that four named accused persons herein committed murder of the brother of the informant for rivalry and inimical term in respect of installing hand pump dispute.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.69680 of 2022(2) dt.28-02-2023 2/3 falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name transpired in this case on the basis of confessional of co-accused Mithilesh Yadav before the police. The petitioner has no concern with the alleged occurrence. There is no eyewitness to the alleged occurrence. No any incriminating article has been recovered from his conscious possession. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.08.2022. Similarly situated other coaccused have already been granted bail by different Benches of this Court vide order dated 22.09.2022 in Cr. Misc. No. 35472 of 2022 and order dated. 10.05.2022. in Cr. Misc. No. 61713 of 2021.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Araria (R.S.) P.S. Case No. 511 of

Patna High Court CR. MISC. No.69680 of 2022(2) dt.28-02-2023 3/3 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Araria. (Sunil Kumar Panwar, J) shubham/- U T