Md. Imam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1748 of 2024 Arising Out of PS. Case No.-26 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Imam S/O Late Abdul Sattar R/O Village- Dighaliya, P.S- Azamnagar, Distt.- Katihar.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Musowir For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34, 364(A), 365 of the Indian Penal Code.
3. Prosecution case in nutshell is that informant's son namely, Md. Sahrul, on receiving call on mobile, went outside on his motorcycle but did not return. Even after intense search, he remain trace-less. On 1.2.2022, informant received a call through which a ransom of Rs. 50,00,000/- was demanded and
Patna High Court CR. MISC. No.1748 of 2024(2) dt.29-01-2024 2/3 threatened him that if the demand would not be fulfilled, his son and informant would be murdered.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any eye witness of the alleged occurrence. His name sprang up in this case on the confessional statement of co-accused Md. Guljar. Moreover, the petitioner is languishing in judicial custody since 02.02.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Other co-accused, namely, Shekhar Singh and Bhibhishan Kumar Singh have been granted bail by this court and Co-ordinate Bench of this Court respectively.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and
Patna High Court CR. MISC. No.1748 of 2024(2) dt.29-01-2024 3/3 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 in connection with Azamnagar P.S. Case No. 26 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., Katihar. (Sunil Kumar Panwar, J) Nirajkrs/- U T