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2025 DAILYLAW 83640 (PAT)

Konain Raza @ Md. Kaunam Raja @ Md. Kaunain Raja v. The State of Bihar

CR. MISC./85260/2024 · 2025-04-04

Nawneet Kumar Pandey

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85260 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Konain Raza @ Md. Kaunam Raja @ Md. Kaunain Raja Son of Mehboob Raza Resident of Village - Paschimpally(Paschimpall), PS - Kishanganj, Distt.- Kishanganj ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 04-04-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. Earlier prayer for bail of the petitioner was rejected by a common order dated 29-07-2024 passed in Cr. Misc. No. 29016 of 2024 analogously with Cr. Misc. Nos. 26516 of 2024 and 36250 of 2024 respectively whereby the regular bail applications of co-accused Feroz Alam and Hazrat Ali were also rejected. 3. Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Rather co- accused, Feroz Alam and Hazrat Ali were arrested but mistakenly, in the above-noted rejection order dated 29-07- 2024, it has been jotted down that the petitioners were arrested. Patna High Court CR. MISC. No.85260 of 2024(3) dt.04-04-2025 2/2 As a matter of fact, the present petitioner namely Konain Raza @ Md. Kaunam Raja was arrested near about 15 days after the occurrence on the basis of confessional statement, rendered by co-accused, Feroz Alam and Hazrat Ali. By annexing xerox copies of deposition of seizure list witnesses, learned counsel for the petitioner has submitted that the seizure list witnesses did not support the prosecution case and the informant also could not identify the accused persons, in the dock. The petitioner is in custody since 27-01-2024. 4. Learned counsel appearing for the State has opposed the prayer for bail. 5. Considering the above-said facts and circumstances, the petitioner named-above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum- Special Judge, Kishanganj in connection with Kishanganj P.S. Case No. 21 of 2024. A.K.V.//- (Nawneet Kumar Pandey, J) U T