Sattar @ Abdul Sattar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75012 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

SATTAR @ ABDUL SATTAR S/O Altaf Hussain R/O Ali Nagar, P.S- K. Nagar (Maranga), District- Purnea 2.

Md. Quadir @ Quadir S/O Sattar @ Abdul Sattar R/O Ali Nagar, P.S- K. Nagar (Maranga), District- Purnea 3.

Md. Habib @ Habib S/O Sattar @ Abdul Sattar R/O Ali Nagar, P.S- K. Nagar (Maranga), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Hussain Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioners along with co-accused persons is that, after hatching a conspiracy, they committed murder of the informant and hanged dead body of his brother on a tree.

Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.75012 of 2022(3) dt.03-07-2023 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty village politics. The informant is not an eye witness of the alleged occurrence and there is no specific allegation of committing murder against them. They have got no criminal antecedent. As per postmortem report, which is annexed with case diary, wherein doctor opined cause of death is asphyxia due to throttling and no injury was found on the body of the deceased. Similarly situated co-accused persons have already been granted bail vide order dated 10.08.2022 passed in Cr. Misc. No. 29545 of 2022. It is further submitted that the petitioners are languishing in judicial custody since long.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with K. Nagar (Maranga) P.S. Case No. 239 of 2021 on furnishing bail

Patna High Court CR. MISC. No.75012 of 2022(3) dt.03-07-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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