Jhannan Mian @ Jhanan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43768 of 2021 Arising Out of PS. Case No.-77 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== Jhannan Mian @ Jhanan Mian Son of Late Gafur Mian Resident of Village - Donawar Virti Tola, Police Station - Yogapatti, (Sanichari), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Adya Singh Mr. Arun Pd.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2021 Heard both parties.

The petitioner seeks bail in Yogapatti (Sanichari) P.S. Case No. 77 of 2021, registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have surrounded the brother-in-law of the informant due to previous money dispute. All the accused persons started abusing and assaulting him with lathi, Danda, slaps and fist. For this occurrence panchayati was held. In the meantime, Ex-Mukhiya Ashoka Gupta started assaulting informant's brother with danda and when husband of informant came to rescue, all the accused persons started abusing and assaulting him. In the meantime,

Patna High Court CR. MISC. No.43768 of 2021(2) dt.01-11-2021 2/2 petitioner and co-accused caught hold of the husband of informant and co-accused Raski Alam inflicted knife blow on his back causing his death on the spot.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. As per the FIR, the only allegation against petitioner is that he along with co-accused Gafur Khan caught hold of the deceased and there is no allegation of commission of assault. Petitioner is in custody since 22.03.2021 having clean antecedent. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Sanichari) P.S. Case No. 77 of 2021. (Prabhat Kumar Singh, J) vinita/- U T