Md. Murtaza Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Raj Dular Sah, Advocate For the Opposite Party/s : Mr.Uday Pratap Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 19-03-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in Ahiyapur P.S. case No. 1365 of 2023 instituted for the offences under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

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Prosecution allegation, in short, is that while the husband of the informant was returning home, the accused persons fired at the husband due to which he sustained injuries and later succumbed to the injuries.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present

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Patna High Court CR. MISC. No.13364 of 2024(3) dt.19-03-2024 2/3

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case. No overt act is attributed against the petitioner rather it is attributed against co-accused Golu Kumar, Shivam Kumar and Md. Rehan. There is no allegation of firing attributed against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The police after completion of investigation submitted final form against the petitioner and had not sent up the petitioner to face trial. Thereafter, the Court below differed with the same and took cognizance against the petitioner. The petitioner is in custody since 18.10.2023 and has no criminal antecedent.

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

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Considering the aforesaid facts and

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circumstances of the case, the period of custody undergone by the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

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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 Ahiyapur

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Patna High Court CR. MISC. No.13364 of 2024(3) dt.19-03-2024 3/3

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P.S. case No. 1365 of 2023.

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(Rudra Prakash Mishra, J)

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Pankaj/-

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U T

Md. Murtaza v. The State of Bihar

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Md. Murtaza v. The State of Bihar

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