Nurool @ Md Nuraj @ Nurool Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6194 of 2024 Arising Out of PS. Case No.-26 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== Nurool @ Md Nuraj @ Nurool Azam S/O Raisul Azam Resident of VillageMurli Gauripur PS Balthar District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 26 of 2018 instituted for the offences under Sections 302, 201, 379 read with 34 of the Indian Penal Code.

3. The informant has alleged in her written complaint that her husband had gone with Scorpio vehicle for servicing, however, subsequently he informed that he is going to Katihar. On contact, his mobile was found switched off and on next day his dead body was recovered.

4. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.6194 of 2024(2) dt.12-02-2024 2/3 that the petitioner is in custody since 25.10.2023. Petitioner bears four criminal antecedents but he is on bail in all the cases, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is not named in the F.I.R and no incriminating article has been recovered from the conscious possession of the petitioner rather the Scorpio vehicle has been recovered from the possession of co-accused Kamrul Hoda. The name of the petitioner has been surfaced in this case due to confessional statement of co-accused persons namely, Md. Mainuddin @ Moin, Kamrul Hoda and Sk. Saddam. The co-accused has already been granted bail by a Co-ordinate Bench of this Court vide order dated 22.02.2019 passed in Cr. Misc. No. 78173 of 2018.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the

Patna High Court CR. MISC. No.6194 of 2024(2) dt.12-02-2024 3/3 petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramgarhwa P.S. Case No. 26 of 2018. (Rudra Prakash Mishra, J) Nilmani/- U T