Md. Jumshed @ Junsaid Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1547 of 2021 Arising Out of PS. Case No.-332 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Md. Jumshed @ Junsaid Baitha S/o Md. Mohid @ Mohid Baitha R/o villageGhoshai, P.S.- Chausa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Sah For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the son of the informant has been killed by the accused

Patna High Court CR. MISC. No.1547 of 2021(4) dt.25-11-2021 2/3 persons including the petitioner by dashing him on the ground.

It is submitted by learned counsel for the petitioner that there is general and omnibus allegation against the petitioner. During course of investigation, the statements of the witnesses namely Nasim Baitha and Ebrahim Baitha have been recorded who have stated that there had been a land dispute between the parties and the child died due to illness. Moreover, a compromise petition has also been filed before the S.D.J.M, Udakishunganj, Madhepura. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1547 of 2021(4) dt.25-11-2021 3/3 satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 332 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T