Patna High CourtCR. MISC./49984/2022bail granted

Md. Gani v. The State Of Bihar

2023-04-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49984 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- BARSOI District- Katihar ====================================================== MD. GANI S/o Sagiruddin R/o village- Chichoda, P.S.- Barsoi, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, on 22.02.2022 the informant came to know that dead body of his son is hanging with a tree and when he reached there he found his son lying dead. The informant suspected that this petitioner along with other FIR named accused persons in conspiracy killed his son and hanged the dead body with a tree.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The informant is not an eye witness of the occurrence and only on suspicion petitioner has been made accused in this case.

Patna High Court CR. MISC. No.49984 of 2022(4) dt.10-04-2023 2/2 No cogent material has come during the course of investigation to show the complicity of this petitioner in the aforesaid crime. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate-I, Katihar in connection with Barsoi PS case No.33/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T