Lewal Sada @ Nawal Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17027 of 2023 Arising Out of PS. Case No.-470 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== LEWAL SADA @ NAWAL SADA Son of Kushear Sada @ Kusheshwar Sada Resident of Village - Ashok Nagar Pokhariya, Ward No.- 36, P.S.- Town, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.

As per FIR, allegation against this petitioner is of causing death of the informant's son by stabbing. Earlier to the alleged occurrence, the petitioner also threatened him to kill because he used to talk with the wife of the petitioner. Thereafter, this case has been registered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From perusal of FIR as well as case diary, the petitioner and the

Patna High Court CR. MISC. No.17027 of 2023(3) dt.18-07-2023 2/2 informant are co-villagers and only on the basis of suspicion, his name has been surfaced in the present case. There is no any eyewitnesses of the alleged occurrence. During course of investigation, no any consistent material has come on record which suggests the complicity of the petitioner in the alleged offence. Entire prosecution hings around merely on suspicion. It is further submitted that the petitioner is languishing in judicial custody since 2.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 470 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Amandeep/- U T