Chandan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53698 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== Chandan Baitha son of Vinod Baitha Village- Chhotka Dhankutwa Ps- Balthar Dist- W.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Balthar P.S. Case No. 68 of 2023 registered under Sections 302, 120B and 34 of the Indian Penal Code.

3. As per prosecution case, all the FIR named accused persons including this petitioner killed the son of informant. It is further alleged that son of informant had love affair with daughter of co-accused Pramod Baitha, and perhaps for that reason the accused persons killed her son.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the First Information Report. The name of the petitioner has come during course of investigation on the ground that petitioner is cousin brother of

Patna High Court CR. MISC. No.53698 of 2024(2) dt.20-09-2024 2/2 the girl with whom the deceased had love relation. Thrust of accusation/suspicion is against co-accused Pramod Baitha and Bhagat Baitha, and both of the co-accused persons have already been granted bail by this Court vide order dated 19.06.2024 passed in Cr. Misc. No. 30273 of 2024. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and similarly situated co-accused persons have already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Bettiah, West Champaran in connection with Balthar P.S. Case No. 68 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T