Md. Kiyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84483 of 2023 Arising Out of PS. Case No.-921 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Md. Kiyam Son Of Late Salauddin R/O Village- Birniyan, P.S.- Madhepura, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dinesh Prasad Verma, Advocate For the State :

Mr. Raj Ballabh Singh, APP For the Informant :

Mr. Surya Narayan Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State as well the learned counsel for the Informant. 2.

The petitioner seeks bail in connection with Madhepura P.S. Case No. 921 of 2022 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code. 3.

As per prosecution case, the petitioner along with other co-accused persons brought son-in-law of the informant, namely, Arman but he did not return that day. On next day, informant came to know that they committed murder of his sonin-law and threw his dead body on railway track. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-08-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.84483 of 2023(3) dt.20-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Madhu Kumar @ Madhu Kumar Yadav @ Madhaw @ Madhu Yadav, who has been granted bail by Co-ordinate Bench of this Court vide order dated 30-01-2024 passed in Cr. Misc. No. 71098 of 2023. 6.

Learned A.P.P. for the State as well has learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepura P.S. Case No. 921 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T