Sk. Ali Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10222 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Sk. Ali Hasan Son of Late Sheikh Isha Resident of Village - Khadda Churiharwa Tola, P.S.- Nautan, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard both parties.

The petitioner seeks bail in Nautan P.S. Case No. 293 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including this petitioner are alleged to have drown the son of informant.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case only suspicion because of land dispute between the parties. There is no eyewitness of the occurrence. Only material against the petitioner is that on the disclosure statement made by the son of petitioner dead body was recovered and that cannot be a ground for detention of the petitioner. Petitioner claims clean antecedent

Patna High Court CR. MISC. No.10222 of 2022(2) dt.28-04-2022 2/2 and he is in custody since 25.09.2021.

Counsel for informant however, vehemently opposed the prayer for bail.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bettiah, West Champaran in connection with Nautan P.S. Case No. 293 of 2021. (Prabhat Kumar Singh, J) vinita/- U T