Sona Lal Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66690 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- PALANWA District- East Champaran ====================================================== 1.

SONA LAL BAITHA SON OF LATE ADALAT BAITHA RESIDENT OF VILLAGE-WARD NO. 16, KALIKAPUR, PS- PALANWA, DIST- EAST CHAMPARAN 2.

CHOTELAL PRASAD @ CHOTE LAL PATEL SON OF MADAN PATEL RESIDENT OF VILLAGE-WARD NO. 16, KALIKAPUR, PSPALANWA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and Mr. Humayou Ahmad Khan learned Additional Public Prosecutor for the State.

2. The petitioner No. 1 is in custody since 08.06.2023 whereas petitioner No. 2 is in custody since 14.06.2023 in connection with Palanwa P.S. Case No. 198 of 2022 registered for the offence punishable under Sections 147/342/323/302/ 120(B) of the Indian Penal Code and Section 25(1-b)a, 35 of the Arms Act.

3. As per the prosecution case, the petitioner and others are said to have killed the deceased who was caught stealing a goat.

Patna High Court CR. MISC. No.66690 of 2023(2) dt.16-10-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case merely on the basis of suspicion. Learned counsel for the petitioners further submits that the petitioners will compensate the wife of the deceased by paying Rs. 25,000/- each without accepting their guilt. The petitioners are having clean antecedents.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. The petitioners will deposit Rupees Twenty-five Thousand each in the Court below. The Court below will hand over the amount (Rs. Fifty Thousand) to the wife of the deceased.

7. Considering the facts and circumstances of the case, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Raxaul East Champaran in connection with Palanwa P.S. Case No. 198 of 2022. (Sandeep Kumar, J) Saif/- U T