Suhail Mian @ Suhail Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65286 of 2021 Arising Out of PS. Case No.-253 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== SUHAIL MIAN @ SUHAIL ALAM Son of Mahboob Alam @ Dahmahboob Alam Resident of Village- Pachmahala, P.S.- Belaganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Belaganj P.S. Case no. 253 of 2021 instituted for the offence under Section 302/34 of the Indian Penal Code. As per allegation in the FIR, Kishori Manjhi and Somar Manjhi called the husband of the informant forcibly for cutting fodder and told him to sharp the blade of fodder cutting machine. In that course of the owners of tractor ordered Kishori Manjhi to start the tractor then Kishori Manjhi started the tractor resultantly the leg and hand of informant's husband cut down and he died on the spot.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.65286 of 2021(3) dt.23-08-2022 2/2 has submitted that petitioner is innocent and has committed no offence. It is an accidental death and the petitioner has no intention to kill the deceased. After prevailing good sense, matter has been compromised and the informant has filed a petition before the court of CJM stating that petitioner has no complicity in the alleged incident.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Belaganj P.S. Case no. 253 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U