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Patna High CourtCR. MISC./1060/2019allowed

Hiralal Kushwaha v. The State Of Bihar

2019-01-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1060 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== Hiralal Kushwaha, Late Neur Kushwaha, Resident of Village-Daunaha, P.S.- Dhanaha, Dist.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zainul Abedin, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Dhanaha P.S. Case No. 207 of 2018 registered under Sections 302, 120(B), 34 of the Indian Penal Code.

The allegation against the petitioner is regarding the murder of the father of the informant. It is alleged in the written report that the petitioner along with other accused persons murdered the father of the informant and threw away the dead body on the gate of the informant.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that petitioner is a teacher and this case has been lodged due to previous land dispute

Patna High Court Cr.Misc. No.1060 of 2019(2) dt.25-01-2019 2/2 between the parties. There is no eye-witness of the alleged occurrence. Lastly, it is submitted that the petitioner has no criminal antecedent and he is languishing in custody since 22.10.2018.

Having considered the facts and circumstances of the case, let the above named petitioner be released on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran, in connection with Dhanaha P.S. Case No. 207 of 2018.

(Arvind Srivastava, J) khushbu/- U T