Patna High CourtCR. MISC./49773/2023allowed

Angrej Baitha v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49773 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== ANGREJ BAITHA S/O HARIHAR BAITHA R/O VILLAGE- NAWGAW, P.S.- JOGAPATTI, DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. During course of investigation, petitioner has been implicated in this case on the basis of confessional statement of himself before the police, which has got no evidentiary value in the eyes of law. There is no any direct or indirect evidence has come against the

Patna High Court CR. MISC. No.49773 of 2023(3) dt.13-09-2023 2/2 petitioner to show his involvement in the alleged occurrence. On the basis of suspicion, petitioner has implicated in the present case. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 29.07.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Jogapatti P.S. Case No. 366 of 2022.

(Sunil Kumar Panwar, J) arish/- U