Brijlal Pave v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32568 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- GOBARHIA District- West Champaran ====================================================== Brijlal Pave Son Of Dayaram Pave Resident Of Village - Naurangiya Done, P.S. - Gobrahiya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 325, 302, 504, 34 of the Indian Penal Code.

It is a case of commission of murder of the father of the informant. It is alleged against all the F.I.R named accused persons including the petitioner that they pushed the father of the informant from the roof-top, as a result of which, he sustained injuries on arms and

Patna High Court CR. MISC. No.32568 of 2023(6) dt.25-01-2024 2/3 head and died during the course of treatment. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties. For the alleged occurrence of 12.08.2022, F.I.R was registered on 18.08.2022 without explaining the delay and thereafter on 30.08.2022, the father of the informant died. There is general and omnibus allegation against the petitioner. The petitioner is languishing in custody since 27.09.2022. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

In contra, learned counsel appearing on behlaf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.32568 of 2023(6) dt.25-01-2024 3/3 released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Gabrahiya P.S. Case No. 17 of 2022.

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