The Patna High Court granted regular bail to the petitioner accused in a murder case involving Sections 302 IPC and 27 Arms Act, allowing him to bond out on Rs. 10,000 with two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7696 of 2023
Arising Out of PS. Case No.-75 Year-2022 Thana- BHAGWAN BAZAR District- Saran
======================================================
MD. MUSARRAF @ MUBARAK HUSSAIN S/O ASHRAF HUSSAIN R/vNai Bajar Choti Masjid, Ward No. 17, P.S.- Chhapra, District- Saran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manisha For the Opposite Party/s : Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 23-06-2023 Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B/34 of the IPC and Section 27 of the Arms Act.
As per prosecution case, co-accused Meraj Ahmad called the son of the informant on telephone to take him Rs. 50,000/- and thereafter the son of the informant went for taking money but the informant’s son did not return till late night and in the morning the informant was informed on telephone that her son has been killed by gun shot and his
dead body is lying the boundary of one Mahmood Alam. Thereafter, the informant along with her husband went there
Patna High Court CR. MISC. No.7696 of 2023(3) dt.23-06-2023 2/3
and saw the dead body of the deceased.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of re-statement of the informant. He submits that except suspicion, no cogent material has come to show the petitioner has involved in the said occurrence. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 21.06.2023 passed in Cr. Misc. No. 5849 of 2023. He is languishing in judicial custody since 24.06.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rs. ten thousand only) with two sureties of the like amount
Patna High Court CR. MISC. No.7696 of 2023(3) dt.23-06-2023 3/3
each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Saran at Chhapra in connection with Bhagwan Bazar P.S. Case No. 75 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving offences under Section 302 IPC and Section 27 of the Arms Act.
2 provisions across 2 enactments
Md. Musarraff @ Mubarak Hussain
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
