Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85781 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Noor Mohammad Son Of Late Jamaluddin @ Lahauri Resident Of VillageNaya Tola Sikatiya, Ps- Sanamani Godam ( Kusakanta ), Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv along with Mr. Vijay Anand and Ms. Diksha Kumari, Advocates For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 379, 504 and 506 of the Indian Penal Code and later on added Section 302 of the IPC.

3. The allegation against the petitioner along with others is of killing the father of the informant. It is further alleged that the co-accused person outraged the modesty to the informant's wife and snatched jewellery.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the

Patna High Court CR. MISC. No.85781 of 2023(2) dt.10-01-2024 2/2 specific allegation against co-accused Nazmul, who assaulted the deceased by means of farsa, due to which he died. There is no specific overt act against the petitioner and after completing the investigation the police has found the case against the petitioner untrue and submitted Final Form on 14.10.2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Araria in connection with Kursakanta P.S. Case No. 163 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T