Alif Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24226 of 2024 Arising Out of PS. Case No.-900 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Alif Sheikh, aged about 26 years, Male, S/o Sheikh Ibrar R/o Vill - Mahuawa, P.S. - Shikarpur, Dist. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, it is a case of murder of husband of the informant by the accused persons. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that petitioner has got clean antecedent and he is in custody since 16.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report,

Patna High Court CR. MISC. No.24226 of 2024(2) dt.04-04-2024 2/2 postmortem report and impugned order dated 12.02.2024, it appears that after conclusion of the investigatyion, the investigating officer submitted chargesheet under Section 304 of the Indian Penal Code against the present petitioner. It also appears from the postmortem report of the deceased, the doctor opined that " no any external injury was present on any part of the body". It further appears that there is only allegation of assault by fist and slaps, so I am inclined to grant bail to the petitioner. Accordingly, let the petitioner, above named, be directed to be released on bail in connection with Shikarpur P.S. Case No.900 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran/successor Court.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T