Jeotish Pal @ Jyotish Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46325 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- AAJAM NAGAR District- Katihar ====================================================== Jeotish Pal @ Jyotish Pal S/o Sukru Pal, R/o Vill.- Kaliganj, P.S.- Azam Nagar, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that in the backdrop of land dispute, the accused persons caused death of the husband of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest his

Patna High Court Cr.Misc. No.46325 of 2018(3) dt.01-11-2018 2/2 implication in the present case. There is no eye witness to the alleged occurrence nor any circumstantial evidence to suggest his implication in the present case. Other co-accused has been granted anticipatory bail vide order dated 31.08.2018 passed in Cr. Misc. No. 47594 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -VI, Katihar in connection with Azam Nagar P.S. Case No. 123/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T