Ammanulla @ Fakruddin Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76607 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Ammanulla @ Fakruddin Ali Son of Late Dr. Imran Ahmad Resident of Village- Dumduma Imambari, PS- Laheriasarai, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laheriasarai (Benta O.P.) P.S. Case No. 264 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation made in the F.I.R., the husband of the Informant has been killed by some unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. rather his name has surfaced on the basis of the confessional statement of the co-accused/Ganesh Mahto. He

Patna High Court CR. MISC. No.76607 of 2023(2) dt.04-12-2023 2/2 further submits that the petitioner has been remanded in this case from Laherisarai P.S. Case No. 102/2023 and thereafter he is in custody since 17.03.2023. He further submits that the coaccused/Balram Sah @ Prince Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 28.02.2023 passed in Cr. Misc. No. 70740 of 2022. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has got two criminal antecedents but, in both the cases, the petitioner is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laheriasarai (Benta O.P.) P.S. Case No. 264 of 2022 .

(Rudra Prakash Mishra, J) rishi/- U T