Jaitun Nesha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68454 of 2021 Arising Out of PS. Case No.-293 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== JAITUN NESHA W/o Sk. Ali Hasan R/o Village- Khoda Chudiharwa Tola, Ward No. 3, P.S.- Nautan, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Dr. Indiwar Kumari Mr. Arbind Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution case, FIR named accused persons, including, this petitioner are alleged to have drown the son of informant.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. From bare perusal of the FIR it is apparent that informant is not an eye witness of the occurrence and due to old enmity between the parties the petitioner has been made accused in this
Patna High Court CR. MISC. No.68454 of 2021(4) dt.25-04-2022 2/2 case. None of the witnesses has claimed to have seen this petitioner committing the crime. Petitioner claims clean antecedent and is in custody since 02.09.2021 and investigation in this case is complete.
Learned counsel appearing for the State and the informant vehemently opposed the prayer for bail. Considering the facts of the case and the period of custody of the petitioner, 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 Judicial Magistrate, 1st class, West Champaran, Bettiah in connection with Nautan PS case No.293/2021. (Prabhat Kumar Singh, J) BKS/- U T