Mazaluddin Vs The State of Bihar

The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 224 of 2016 instituted under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with co-accused Nizamuddin committed murder of Riyaz Ahmad (informant’s husband).

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that after investigation police submitted chargesheet only against Nizamuddin but learned Chief Judicial Magistrate deferred his opinion with the report of investigating officer and took

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cognizance against both of them.

Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail.

Having heard learned counsel for the parties and on perusal of the case diary it appears that in Para ‘10’ witnessUrmila Devi, Para ‘18’ witness-Rina Khatun, Para ‘19’ witness-Razia Khatun, Para ‘20’ witness-Anjum Begum and Para ‘21’ witness-Izhar Khan have stated in their statements that main accused Nizamuddin gave a dagor blow to the deceased due to which he died. The witness Izhar Khan also stated before the I.O. that there was money dispute between Nizamuddin and Riyaz Ahmad (deceased). From perusal of the case diary, it appears that there is nothing regarding involvement of the petitioner in the alleged occurrence, considering the aforesaid facts, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt of a copy of this order and in the event of his arrest or surrender in connection with Hussainganj P.S. Case No. 224 of 2016, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-

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IX, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J)

¶25

tusharika/-

U T

Mazaluddin v. The State of Bihar