Asagar Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42394 of 2022 Arising Out of PS. Case No.-802 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== ASAGAR MIYAN Son of Late Gaffar Mian Resident of Village - Singhiya Sagar, P.s.- Banjariya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Turkauliya (Banjaria) P.S. Case No. 802 of 2021 registered for the offence under Sections 302, 326, 34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons killed the son of informant by pouring kerosene.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted vide para 7 of the petition that the petitioner is brother of the father-in-law of the deceased, and he has no concern with the alleged occurrence rather he lives separately with this family since long and just because of the relation, he has falsely been

Patna High Court CR. MISC. No.42394 of 2022(3) dt.04-01-2023 2/2 made accused in this present case. It is further submitted that the dispute between the deceased and his wife was coming from sometime as such such deceased's wife has come to her material house after that controversy escalated so much. It is further submitted that para 8, 9, 10, 28, 51 of the case diary, witnesses have not supported the prosecution case and shows that the deceased himself committed suicide. The petitioner is languishing in judicial custody since 14.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya (Banjariya) P.S. Case No. 802 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran.

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