Patna High CourtCR. MISC./32553/2024bail granted

Lalbabu Baitha v. The State Of Bihar

2024-09-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32553 of 2024 Arising Out of PS. Case No.-696 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Lalbabu Baitha Son of Late Bhola Baitha Resident of Village- Noneya, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Harsidhi P.S. Case No. 696 of 2023 registered for the offence punishable under Sections302, 201, 120(B) of the Indian Penal Code.

3. It is alleged that on receiving a telephonic call from unknown person, the informant's son went out of his house saying that he will return till evening and later on, the dead body of informant's son was recovered from village-Laguniya.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the alleged occurrence and except suspicion, there is nothing against the petitioner. His further submission is that the deceased was a person of criminal nature and he was involved in a number of cases such as; (i) Harsidhi P.S.

Patna High Court CR. MISC. No.32553 of 2024(5) dt.10-09-2024 2/2 Case No. 77 of 2019 registered under Section-302 of the Indian Penal Code, (ii) Sugauli P.S. Case No. 246 of 2022 registered under the provisions of NDPS Act (iii) Paharpur P.S. Case No. 309 of 2014 under Section-395 of the Indian Penal Code and Arms Act and (iv) Paharpur P.S. Case No. 77 of 2017 under Section-302 of the Indian Penal Code. The petitioner is in custody since 13-122023.

5. Learned APP has opposed the prayer for bail.

6. It appears that in the entire case diary, except suspicion there is nothing against the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Nidhi Navneet, learned Judicial Magistrate-Ist Class, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 696 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T