Bachcha Babu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8245 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- BANGAWON District- Saharsa ====================================================== BACHCHA BABU KHAN Son of Bansh Narayan Khan Resident of Village - Bangaon, Dakshin Tola, Near Bishahri Asthan, Ward No.06, P.S.- Bangaon, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 302 and 120B of the Indian Penal Code.

The prosecution case in short is that the son of the informant went along with accused persons and did not return and later was murdered by them.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.9.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.8245 of 2019(3) dt.25-04-2019 2/2 implicated in the present case. The informant has named the petitioner in the F.I.R. merely on the basis of suspicion. In paragraphs 12 and 24 of the case diary, eye witnesses have been examined who have not named the petitioner. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M. -I, Saharsa in connection with Bangaon P.S. Case No. 100/2018.

(Sudhir Singh, J) Pankaj/- U T