IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89882 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- JOKIHAT District- Araria ====================================================== 1. Hasim @ Hashim S/o- Ramjan Ali @ Ramjan Resident of village- Satbita ward No. 07 PS- Jokihat District- Araria. 2. Shahzad Alam @ Shahzad S/o- Md. Shahid @ Shahid, Resident of village- Satbita ward No. 07 PS- Jokihat District- Araria. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-01-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners seek bail in connection with Jokihat P.S. Case No. 66 of 2024 registered for the offences under Sections 302, 34 of the Indian Penal Code. 3. The petitioners are named in the F.I.R. and is in custody since 23.09.2024. 4. The allegation against the petitioners is to commit murder of son of the informant alongwith other co- accused persons, where during the course of occurrence the deceased was alleged to be assaulted by knife on his thigh. Patna High Court CR. MISC. No.89882 of 2024(2) dt.23-01-2025 2/3 5. Learned counsel appearing on behalf of the petitioners submitted that from the facial perusal of the FIR, specific allegation as to inflict knife blow is available against co-accused Md. Sajid @ Channa, which subsequently found fatal in terms of post-mortem report of the deceased. It is pointed out that petitioners were not equipped with any arms in terms of FIR, where the informant is the eye-witness of the occurrence. It is submitted that maximum allegation, which transpires against the petitioners is only of manhandling of deceased prior to actual physical assault by knife by co- accused Md. Sajid. While concluding the argument, it is submitted that petitioners are men of clean antecedents and, moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. 6. Learned APP opposes the prayer of bail. 7. In view of the facts and circumstances and by taking note of fact as allegation of fatal assault by means of knife is specifically available against co-accused Sajid @ Channa and not against petitioners, coupled with the fact that Patna High Court CR. MISC. No.89882 of 2024(2) dt.23-01-2025 3/3 charge-sheet has already submitted, where petitioners are in custody since 23.09.2024, accordingly, both petitioners, above named, are directed to be released on bail in connection with Jokihat P.S. Case No. 66 of 2024 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 Chief Judicial Magistrate, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./ 480(3) of the BNSS. veena/- (Chandra Shekhar Jha, J) U T