Bablu Biswas @ Bablu Vishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65850 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- BAUSI District- Araria ====================================================== BABLU BISWAS @ BABLU VISHWAS S/o Late Ganeshi Bishwas Resident of Village- Basaithi, Ward No. -14, P.S. - Bousi, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that the petitioner along with Ajit, Sujit, Komal, Budhu and Bikash killed his elder brother on 20.03.2020 and threw the dead body in a field and the occurrence took place on account of land dispute and the informant was informed about the murder of the deceased by his cousin brother Anish Kumar. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65850 of 2021(2) dt.12-04-2022 2/2 informant is not an eye-witness to the occurrence, petitioner is the cousin brother of the informant and partition Suit No. 102/55 of 2017 is pending between the parties in the court of learned Sub-Judge, Araria and a mutation case is also pending before the A.D.J., Araria. Learned counsel further submits that since cases are pending between the parties as such the informant falsely implicated the petitioner with a view to coerce them so that the petitioner and his family members enter into a compromise in the aforesaid pending partition suit.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case, the informant is not an eye-witness to the occurrence and that there is an admitted land dispute between the parties, let the petitioner above named be released 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 the learned court below where the case is pending/successor court in connection with Bousi P.S. Case No. 26 of 2020.

(Satyavrat Verma, J) Rishi/- U T