Areful Haque @ Ariful Hasnain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1520 of 2025 Arising Out of PS. Case No.-265 Year-2022 Thana- BAISI District- Purnia ====================================================== Areful Haque @ Ariful Hasnain S/o- Late Hakimuddin Resident of villageTarabari PS- Baisi District-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seek regular bail in connection with Baisi P.S. Case No. 265 of 2022 lodged on 29.06.2022, for the offences punishable under Sections 302, 120(B), 379 & 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 17 named accused persons including the present petitioner against whom there is allegation that they have created a plan and at the time of Panchayati, they attacked on two persons by means of deadly weapons resulting into death of both the persons.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that criminal antecedent of the petitioner is clean and he
Patna High Court CR. MISC. No.1520 of 2025(2) dt.22-01-2025 2/2 is in custody since 21.09.2024. Counsel further submits that from bare reading of the FIR, it transpires that FIR has been drafted in two parts and petitioner's name has come in second part and against those accused persons, there is general and omnibus allegation. Counsel submits that series of accused persons have been granted bail which is annexed at Annexure-2 of the bail application and accused persons who are in second part of the FIR, have been granted bail by this Court vide order dated 10.01.2025 passed in Cr. Misc. No.54472 of 2024. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case, let the petitioner above named be granted bail after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 265 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J) Divyansh/- U T