Kausar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63294 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- JOKIHAT District- Araria ====================================================== Kausar, Son of Sriman, Resident of Village-Satbita, Ward No.-07, P.S.- Jokihat, Distt.- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Jokihat P.S. Case No.66 of 2024 registered under Section 302 read with 34 of the Indian Penal Code.

3. Allegation against the petitioner is to commit murder of the son of informant along with other co-accused persons, where during the course of occurrence, the deceased was assaulted by knife on his thigh.

4. It is submitted by learned counsel appearing on behalf of the petitioner that from the facial perusal of FIR, it appears that the specific allegation as to cause knife blow on

Patna High Court CR. MISC. No.63294 of 2024(3) dt.17-01-2025 2/3 thigh of informant is against co-accused Md. Sajid @ Chunna, which appears fatal in terms of the postmortem report of the deceased. It is submitted that petitioner was not equipped with any arms in terms of FIR, where informant is the eyewitness of the occurrence. It is submitted that the maximum allegation, which transpires against the petitioner is only manhandling of deceased prior to assault along with co-accused persons. While concluding argument, it is submitted by learned counsel that the petitioner is a man of clean antecedent.

5. In view of aforesaid factual submissions and by taking note of fact as the allegation of fatal assault by means of knife is specifically available against co-accused Sajid @ Chunna and not against this petitioner, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, 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 Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No.66

Patna High Court CR. MISC. No.63294 of 2024(3) dt.17-01-2025 3/3 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T