Patna High CourtCR. MISC./78398/2023bail granted

Saif Ali @ Md. Karoo Miyan v. The State Of Bihar

2024-04-10Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78398 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== SAIF ALI @ MD. KAROO MIYAN Son of Md. Sharif R/o vill - Dumrawan, P.S. - Bankey Bazar, Distt. - gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody registered for the offence under Sections 363, 302 and 120(B)/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of missing of the son of the informant and hectic search made by him.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to dirty village politics. He next submits that the petitioner is not named in the FIR and his name surfaced on the basis of confessional statement of co-accused and on perusal of the impugned order, it appears that the death of the deceased was caused due to smothering. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since

Patna High Court CR. MISC. No.78398 of 2023(4) dt.10-04-2024 2/2 25.06.2023. Similarly situated co-accused person, namely, Sumit Mishra has already been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 80441 of 2023 vide order dated 20.03.2024.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be directed to be released on bail in connection with Roshanganj (Banke Bazar) P.S. Case No.67 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Kumar Singh, Judicial Magistrate, Ist Class, Sherghati, District-Gaya/concerned Court. (Ramesh Chand Malviya, J) saurabhkr/- U T