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Patna High CourtCR. MISC./17036/2023bail granted

Mitthu Uraon v. The State Of Bihar

2023-07-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17036 of 2023 Arising Out of PS. Case No.-1026 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== MITTHU URAON SON OF LATE KAMTI URAON RESIDENT OF VILLAGE - TATMA, P.S. - K. HAT (MARANGA), DISTT. - PURNEA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar , Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 302 of the Indian Penal Code.

It is alleged that on 01.10.2022 at about 3 O'Clock in the evening informant's son Ajeet Kumar Singh had gone out from his house to collect the materials for the Puja, the informant came to know that accused persons namely Nandu Ruaon, Futo Devi, Mitthu Uraon (petitioner) and wife of Late Krishnadeo Uraon alias Fakru assaulted all over the body with sticks and iron rods and killed his son. It is further alleged that

Patna High Court CR. MISC. No.17036 of 2023(3) dt.03-07-2023 2/3 there was a recovery of the dead body of his son from the house of above named accused persons.

It is submitted that the petitioner has no concern with the alleged occurrence or death of the deceased. The petitioner and his family members used to live at Birpur Lokhra for cultivation. Informant is not an eye witness of the occurrence. As per the allegation that the dead body has was found from the house of the petitioner but as per report prepared by the police , the dead body of the informant's son was kept at vehicle. It is further submitted that Post Mortem report is also not supporting the prosecution case which creates doubt over the veracity of the prosecution case. Petitioner claims clean antecedent. Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 Chief Judicial Magistrate, Purnea in connection with K.Hat (Maranga) P.S. case no 1026 of 2022, subject to the

Patna High Court CR. MISC. No.17036 of 2023(3) dt.03-07-2023 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T