Lutan Khaira v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48240 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -SUIYA District- BANKA ====================================================== Lutan Khaira, Son of Late Gopi Khaira, Resident of Village- Dharamshila, P.S.- Suiya, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nand Prasad, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Suiya P.S. Case No. 13 of 2018 instituted for the offence under Section 302/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. The informant has merely raised suspicion against two persons who are named in the First Information Report. Petitioner has been implicated in the instant case during investigation merely on suspicion without having any sufficient material against him in the case diary. Counsel for the State has submitted that witness in paragraph-29 of the case diary has stated that petitioner along with other accused persons was seen coming from the forest

Patna High Court Cr.Misc. No.48240 of 2018 (3) dt.27-09-2018 2/2 (jungle) Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Banka, in connection with Suiya P.S. Case No. 13 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T