Md. Islam @ Kana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1460 of 2023 Arising Out of PS. Case No.-488 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Islam @ Kana S/O Late Mallut Resident Of Village - Balbatra, P.S.- Ara Nagar, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 connection with Ara Nagar P.S. Case No. 488 of 2022 registered under sections 302, 120(b) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case relates to commission of murder of the informant's husband by two unknown miscreants, when the informant's husband was at his electronic shop. Further, the motive behind the murder of her husband was to grab ancestral properties.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R., rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.1460 of 2023(2) dt.28-03-2023 2/2 of confessional statement of other co-accused person before the police. Except confession of other co-accused, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is further submitted that he has no concern either with this offence or with the other co-accused persons. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 21.12.2022. in Cr. Misc. No. 47512 of 2022. The petitioner is languishing in judicial custody since 15.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ara Nagar P.S. Case No. 488 of 2022 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., Bhojpur at Ara. (Sunil Kumar Panwar, J) shubham/- U T