Murat Sah @ Murat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78759 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Murat Sah @ Murat Kumar Son Of Late Anirudh Prasad @ Anirudh Prasad Resident Of Village - Line Bazar, P.S.- Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 332, 307, 353, 337, 153(a), 295(a), 427 and 298 of the Indian Penal Code and Section 66(D) of I.T. Act.

3. The allegation against the petitioner along with other co-accused person is to have spoiled the communal harmony in the wake of Instagram video.

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 due to his previous enemies. No any specific overt act has been attributed against the petitioner rather he only being the member of unlawful

Patna High Court CR. MISC. No.78759 of 2023(2) dt.07-12-2023 2/2 assembly has been dragged in this case. Nothing 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. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 01.12.2023 in Cr. Misc. No. 75535 of 2023. Moreover, the petitioner is languishing in judicial custody since 03.08.2023.

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 Mirganj P.S. Case No. 297 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 Court of C.J.M., Gopalganj.

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