Gaffar Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5473 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== GAFFAR NADAF Son of Jimedar Nadaf Resident of Village - Gisara Ward No. -8, P.S. - Parsauni, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar,Adv For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-05-2020 The matter has been taken up through video conferencing.

Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302,120B of the Indian Penal Code and 27 Arms Act.

There is no eye witness of the occurrence of murder of the father of the informant rather during investigation it revealed that the petitioner was seen going on a motorcycle. Learned counsel for the informant opposed the prayer for bail on the ground that the wife of the deceased had claimed to be an eye witness of the occurrence and she has named the petitioner as one of the assailants. If the wife of the deceased was an eye witness, there is no reason to not disclose the

Patna High Court CR. MISC. No.5473 of 2020(3) dt.28-05-2020 2/2 aforesaid fact in the FIR. Petitioner is in custody since 09.10.2019.Investigation of the case is already complete. Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Parsauni Police Station Case No.73 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Nitesh/- U T