Md. Nasim @ Nasim Miyan @ Mohammed Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85022 of 2024 Arising Out of PS. Case No.-341 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Md. Nasim @ Nasim Miyan @ Mohammed Nasim Son of Saifuddin Miyan Resident Of Village- Karod, ward No. 16, PS -Cheriya Bariyarpur, District -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Though, the prayer for anticipatory bail of the petitioner was rejected by this Court vide order dated 13.10.2023 passed in Cr. Misc. No. 60367 of 2023, with a direction to the petitioner to surrender before the Court below and seeks regular bail, but the petitioner surrendered before the Court below after delay of about one years.

4. As per the prosecution case, the allegation against the petitioner is that they are involved in the murder of

Patna High Court CR. MISC. No.85022 of 2024(2) dt.24-01-2025 2/2 the son of the informant.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that only on the basis of suspicion the petitioner has been made accused in the present case. He further submits that the petitioner is languishing in custody since 28.09.2024. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposed the prayer for bail.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Cheriya Bariyarpur P.S. Case No.341 of 2022.

(Anjani Kumar Sharan, J) anand/- U T