Md. Shahadat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79848 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- BAISI District- Purnia ====================================================== Md. Shahadat Son Of Late S.K. Faruque @ Late Farook Resident Of VillageMinapur, Police Station- Baisi District- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad, Advocate Mr. Ejaz Akhtar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner; learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Baisi P.S. Case No. 98 of 2023 dated 02.03.2023, instituted for the offence punishable under Sections 365/34 of the Indian Penal Code and under Section 302/201 of I.P.C. is added vide order dated 11.03.2023.
3. It is alleged that on 28.02.2023 husband of the informant went out for work but did not return. On search, the informant came to know that her husband consumed liquor and went to the house of Lakhan Adiwasi. It is further alleged that this petitioner along with other accused persons killed the husband of the informant.
Patna High Court CR. MISC. No.79848 of 2023(6) dt.05-04-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the F.I.R. has been lodged against four accused persons and the name of the petitioner has been transpired on the basis of the disclosure made by the coaccused namely, Lakhan and from perusal of the statement of Lakhan, it appears that even Lakhan is not the eye witness of the alleged occurrence and at the best the petitioner was the last person seen with the deceased and no one has seen the present occurrence. It is further stated that the similarly situated coaccused namely, Rajesh Baski @ Rajesh Adiwasi has been granted bail vide order dated 01.08.2023 passed by a Coordinate Bench of this court in Criminal Miscellaneous No. 38851 of 2023. (Annexure P/2). Lastly, it has been submitted that the petitioner is in custody since 03.10.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.79848 of 2023(6) dt.05-04-2024 3/3 the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 98 of 2023. (Khatim Reza, J) sankalp/- U T