Bikram Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36579 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== BIKRAM AZAD Son of Mithilesh Mandal Resident of Village- Punadih, P.S.- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the son of the informant was killed by unknown accused persons using a sharp weapon. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The petitioner was falsely implicated in course of investigation more than 9 months after the occurrence when the wife of the deceased stated that the petitioner and one another had killed her husband. It is submitted by learned counsel for the petitioner that neither the wife is an eye witness to the alleged occurrence nor does she disclose the source of her information. It is an unsubstantiated

Patna High Court CR. MISC. No.36579 of 2021(3) dt.21-01-2022 2/2 suspicion raised against the petitioner almost 9 months after the occurrence. The petitioner is in custody since 3.1.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the material that has transpired in course of investigation and the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Kajra P.S. Case no. 9 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Lakhisarai.

(Partha Sarthy, J) Spd/- U T