Shah Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85907 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Shah Alam S/o- Gyan Sheikh Village- Bherihari Ps- Purushottampur DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner makes a prayer for grant of regular bail in connection with Purushottampur P.S.Case No. 72 of 2023 registered under section 302, 201/34 of the Indian Penal Code.

3. It would appear from perusal of the FIR, that it was co-accused Allauddin, who had come to the door of the informant and taken his son along with him and at some distance another co-accused Jahur Alam was standing and thereafter, all of them went together. It has also been stated that there was hulla in the night that a dead body was lying at the railway track on account of train accident, thereafter, the informant went to the site and found that the dead body was of

Patna High Court CR. MISC. No.85907 of 2024(4) dt.04-04-2025 2/3 his son Mazre Alam, who had got injury on his neck with sharp cut weapon and several stab injuries on all parts of body.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and only two persons have been named i.e Md. Allauddin and Jahur Alam, who were the persons, who had come to the house of informant and taken away the deceased. It is also submitted that in course of investigation, in paragraph 39 and 40 an element of suspicion has been directed towards the petitioner and that too, after five days of the date of occurrence i.e. on 09.07.2023 in the statement of the mother of the deceased. It has also been brought to the notice that while, the prayer for bail on behalf of the main accused Md. Alluddin has already been rejected, the bail of co-accused Jahur Alam with whom, it is said that he was last seen, has been allowed vide order dated 29.01.2025 passed in Cr. Misc. No. 82908 of 2024. It is submitted that the petitioner had only one criminal antecedent in which he has been acquitted.

6. Considering the aforesaid facts and circumstances and the fact that the petitioner is in custody since 01.04.2024, the petitioner is enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.85907 of 2024(4) dt.04-04-2025 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran in connection with Purushottampur P.S.Case No. 72 of 2023.

N.K/- (Soni Shrivastava, J) U T