Md. Irfan @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81974 of 2023 Arising Out of PS. Case No.-399 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Irfan @ Chhotu Son of Md. Jamil R/O Vill - Minnat Nagar, Samastipur Bank, P.S. - Kotwali, Distt. - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deep Anshuman, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Muffasil (Gangaur) P.S. Case No. 399 / 2022, registered for the offences punishable under Section 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, co-accused Md. Khurshid is said to have fired upon the deceased. The petitioner along with others is said to have caught hold the deceased.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case due to village politics. He further submits that the specific allegation is against the coaccused Md. Khurshid. He also submits that similarly situated
Patna High Court CR. MISC. No.81974 of 2023(2) dt.10-01-2024 2/2 co-accused persons have already been granted regular bail by the Coordinate Benches of this Court vide orders dated 29.11.2023, 29.04.2023, 20.07.2023 and 12.07.2023 passed in Cr. Misc. No. 74034 of 2023, Cr. Misc. No. 16984 of 2023, Cr. Misc No. 23024 of 2023 and 26647 of 2023 respectively. Petitioner has no criminal antecedent and he is in jail custody since 25.08.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate- II, Munger in connection with Muffasil (Gangaur) P.S. Case No. 399 / 2022. (Sunil Dutta Mishra, J) Ritik/- U T