Bittu @ Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48638 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- JAMUI District- Jamui ====================================================== BITTU @ FAIYAZ (Male), aged about 25 years, S/o Aslam, Resident of Paithan Chawk 9 Purani Bazar), P.S.- Jamui, District- Jamui. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar Sinha, Advocate For the informant : Mr. Md. Irshad, Advocate For the Opposite Party :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Jamui P.S. Case No. 226/2022 registered for the offence under Sections 302, 120(B) of the I.P.C. and Section 27 of the Arms Act.

The prosecution case, in brief, is that the petitioner alongwith other co-accused persons called the deceased at

Patna High Court CR. MISC. No.48638 of 2022(2) dt.20-12-2022 2/3 Tripurari Ghat and in the way to Tripurari Ghat he was shot dead by the named accused persons under a criminal conspiracy. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.05.2022. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case merely on the basis that he has accompanied the deceased. Subsequently, the deceased could not return home. Only suspicion has been raised against the petitioner by the informant in commission of murder of the deceased. There is no eye witness to the alleged occurrence. Similarly situated co-accused has been granted bail vide Cr. Misc. No. 44474 of 2022 under order dated 08.12.2022 by another Co-ordinate Bench of this Court.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in

Patna High Court CR. MISC. No.48638 of 2022(2) dt.20-12-2022 3/3 connection with Jamui P.S. Case No. 226/2022. (Sudhir Singh, J) U.K./- U T