Navijan @ Farookh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9366 of 2024 Arising Out of PS. Case No.-48 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Navijan @ Farookh, aged about 30 years, Son of Late Yunus, Resident of Village- Chandi Rajwara, P.S.- Bela, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bela P.S. Case No. 48 of 2023 instituted for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.
3. As per the prosecution case, accused persons have committed murdered the son of the informant with a view to concealing the dead body thrown in the wheat field.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of dirty village politics. Petitioner is not named in the FIR and his name surfaced from the confessional statement of co-accused Mrs. Anisha Khatun @ Anisha Khatoon. Petitioner is in custody
Patna High Court CR. MISC. No.9366 of 2024(3) dt.15-04-2024 2/2 since 19.03.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned Sessions Judge, Sitamarhi dated 20.09.2023, it appears that petitioner is not named in the FIR and his name surfaced from the confessional statement of co-accused Mrs. Anisha Khatun @ Anisha Khatoon. Similarly situated co-accused persons namely Anisha Khatun @ Anisha Khatoon, Tamanne and Rakesh Patel have been granted bail by this Court in Cr. Misc. Nos. 55713 of 2023, 43877 of 2023 and 67789 of 2023 vide orders dated 31.08.2023, 24.07.2023 and 31.10.2023 respectively, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned S.D.J.M., Sadar Sitamarhi in connection with Bela P.S. Case No. 48 of 2023.
(Ramesh Chand Malviya, J) Anand Kr.
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