Aktar Mian @ Akhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77051 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Aktar Mian @ Akhtar Mian Son of Sobrati Mian Resident of Village - Basi Pokhara Bahuara, Ward No.13, P.S. - Patepur, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the informant suspects that all the F.I.R. named accused persons, including the petitioner, committed murder of the son of the informant for the reason that son of the informant was in love with Mussarat Khatoon, for which Patepur P.S. Case No. 01 of 2024 was lodged.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that similarly

Patna High Court CR. MISC. No.77051 of 2024(3) dt.13-12-2024 2/2 situated co-accused, has been enlarged on anticipatory bail by a co-ordinate bench of this Court. He further submits that there is no eye-witness in the present case, only on the basis of suspicion petitioner has been made accused in the present case. The petitioner has no criminal antecedent and has been languishing in custody since 19.06.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Patepur P.S. Case No. 18 of 2024, subject to the further condition that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court.

(Anjani Kumar Sharan, J) anand/- U T