Regular bail application in a case under sections 365, 364, 302, 201, 120B and 34 IPC arising from the disappearance and death of the informant's son. The petitioner was not named in the FIR and stood on similar footing to a co-accused already granted bail. Considering the custody period, bail was granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5118 of 2023
Arising Out of PS. Case No.-631 Year-2021 Thana- SIWAN CITY District- Siwan
======================================================
ASIF AHMAD @ ASIF MAHMOOD @ ARIF @ DIAMOND Son of Mahboob Miya R/v- Makhdoom Sarai, P.S. and P.O.- (Siwan) Town, DistrictSiwan, Bihar
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Narayan For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 19-06-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 365, 364, 302, 201, 120B & 34 of the Indian Penal Code.
As per prosecution case, the informant alleged that his elder son Vishal Kumar Singh left house on his black Scorpio along with two named persons. However, his son did not return in the night. On the next day i.e. on 08.11.2021, informant received a phone call from Mirganj P.S. that the said Scorpio was found abandoned condition therearfter this information, the informant filed case against unknown accused persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.5118 of 2023(3) dt.19-06-2023 2/2
has neither concern with the alleged occurrence nor he is named in the FIR. He has falsely been implicated in this case merely on the basis of confessional statement of the co-accused namely, Sandeep Kumar who has already been granted bail by a coordinate Bench of this Court vide order dated 25.2.2023 passed in Cr. Misc. no. 48151 of 2022, hence, the case of this petitioner stands on similar footing of that of co-accused. He has got no criminal antecedent. The petitioner is languishing in judicial custody since 18.4.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Siwan Town P.S. Case No. 631 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Court-XI, Siwan.
(Sunil Kumar Panwar, J)
Amandeep/- U T
1 issue framed by the court
Whether the petitioner, implicated on the basis of a co-accused's confession and not named in the FIR, should be enlarged on regular bail in a murder/kidnapping case.
1 provisions across 1 enactments
Asif Ahmad @ Asif Mahmood @ Arif @ Diamond
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
