Sultan Mian @ Md. Sultan Mian @ Md. Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85196 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Sultan Mian @ Md. Sultan Mian @ Md. Sultan Son Of Alijan @ Late Md. Alijan Resident Of Village- Rampur, Ps- Chhatpur, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 307, 364, 302, 201, 120B and 379 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is of killing the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing specific allegation has been levelled against the petitioner rather the specific allegation of pressing the testicles of the deceased is against coaccused Md. Farooq and co-accused Pervez who hanged the

Patna High Court CR. MISC. No.85196 of 2023(4) dt.03-04-2024 2/2 deceased. As per postmortem report, it appears that the death is caused by asphyxia due to strangulation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 10.10.2023 in Cr. Misc. No. 60455 of 2023. Moreover, the petitioner is languishing in judicial custody since 17.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhatapur P.S. Case No. 182 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul.

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