Chhotu Khan @ Kaliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43180 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Chhotu Khan @ Kaliya S/o Late Abdul Miyan @ Abdul Khan Resident of Mohalla- Durga Nagar, New Bus Stand, Bettiah, Ward No.38, P.S.- Bettiah Town, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.S.K.Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Bettiah (T) P.S. Case No. 432 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.

As per the F.I.R., some unknown miscreants stabbed on chest and abdomen of son-in-law of the informant, as a result of which, he died.

Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is further submitted that there is no eye-witness to the alleged occurrence and petitioner is in custody since 19.12.2020. However, learned A.P.P. for the State opposed the bail petition and submitted that during course of investigation, two

Patna High Court CR. MISC. No.43180 of 2021(4) dt.21-03-2022 2/2 witnesses namely Harun Mian and Bhagelu Ram, who claimed to be eye-witness, have stated that they saw this petitioner stabbing the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T