Farman Ali @ Farman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.938 of 2023 Arising Out of PS. Case No.-207 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== Farman Ali @ Farman S/O Late Mehndi Hasan R/O Village- Jagmalwa, P.SThawe, District- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Riya Giri For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 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 302/34, 120(B) of the Indian Penal Code and Section 27 of Arms Act. The prosecution case in nutshell is that when the informant was sitting at his door then co-accused persons came and took his son along with them. Thereafter, informant got information that his son has been shot and was under treatment, where he died. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.938 of 2023(2) dt.07-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in F.I.R. and his named sprang up in this case on the confessional statement of co-accused Asad Nomani @ Tiger as a person who was pillion rider of the motorcycle on which co-accused Asad Nomani @ Tiger was sitting. Petitioner was neither present at the place of occurrence nor he has fired upon the deceased. Moreover, petitioner is languishing in judicial custody since 27.7.2022. It is further submitted that similarly situated several co-accused persons have been granted Bail (Annexed as Annexure 2 series) by the co-ordinate Benches 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, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.938 of 2023(2) dt.07-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Unchkagaon P.S. Case No. 207 of 2021 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 A.C.J.M. IX, Gopalganj. (Sunil Kumar Panwar, J) nirajkrs/- U T