Nawab Kumar @ Nawab Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73711 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== Nawab Kumar @ Nawab Yadav Son Of Dinesh Yadav Resident Of Village - Kanka Bigha, Police Station - Kako (BHELAWAR O.P.), District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Parasbigha P.S Case No. 161 of 2022 registered for the offences punishable under Sections 302, 120 (B), 34 of the I.P.C and 27 of the Arms Act.

3. As per allegation in the FIR petitioner is associates of the murderers of the informant's father.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no specific allegation against the petitoner. It is also submitted that petitioner is in

Patna High Court CR. MISC. No.73711 of 2023(3) dt.17-02-2024 2/3 judicial custody since 15.07.2022.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, case dairy it appears that petitioner is not directly involved in the murder of the informant's father rather only three person involve in the murder and allegation against the petitioner is to obstruct the witnesses to give their deposition in other case. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad in connection with Parasbigha P.S Case No. 161 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of one month from the date of receipt of a copy

Patna High Court CR. MISC. No.73711 of 2023(3) dt.17-02-2024 3/3 of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T