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Patna High CourtCR. MISC./2049/2024allowed

Arman Alam v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2049 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Arman Alam S/O Hadish Parwana R/O Village- Muslim Tola Chap, P.S.- Pipara, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 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 a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Prosecution case in nutshell is that informant's son went outside from his house on his motorcycle and thereafter did not return. It is further alleged that on search, informant came to know that a dead body has been found in the bush, which has been identified as the dead body of his son.

Patna High Court CR. MISC. No.2049 of 2024(2) dt.29-01-2024 2/3 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 anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case on the confessional statement of co-accused Raushan Kumar and Nazir Hussain. There is no eye witness of the alleged offence. Moreover, the petitioner is languishing in judicial custody since 11.07.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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

Patna High Court CR. MISC. No.2049 of 2024(2) dt.29-01-2024 3/3 bail in connection with Pipra P.S. Case No. 209 of 2023 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 S.D.J.M., Sadar, Motihari, East Champaran.

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