Patna High CourtCR. MISC./76106/2023allowed

Md. Mintu v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76106 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- BANGARA District- Samastipur ====================================================== Md. Mintu Son Of Md. Khurshid R/O Village - Dih Sarsauan, P.S.- Bangra, District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, unknown miscreants shot dead the father of informant, in the way. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any eye witness of the alleged offence. The name of petitioner sprang up in this case on the

Patna High Court CR. MISC. No.76106 of 2023(3) dt.27-02-2024 2/2 basis of confessional statement of co-accused Md. Afroz @ Ginni. Moreover, the petitioner is languishing in judicial custody since 25.07.2023. Similarly situated several coaccused persons have been granted bail by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bangra P.S. Case No. 38 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur.

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